You may have done everything in your power to help your doctor help you, so to speak. That is, you may have disclosed a complete list of medications you are currently taking; your and your family’s medical histories; a clear description of your symptoms; and much more. Even still, this may not be enough to lessen your risk of being the victim of medical malpractice, unfortunately. But if this is your case, then you may have the right to hold the negligent doctor accountable via legal action. Follow along to find out your legal rights after being injured by a doctor and how a proficient New York City medical malpractice attorney at Mark L. Bodner, P.C. can help you properly exercise these rights.
What are my legal rights after being injured by a doctor?
Understandably so, you may want to hold a negligent doctor responsible for their acts of medical malpractice via a lawsuit so that other patients do not suffer from similar injuries and illnesses. With this, you may want to fight for the New York State court to order punitive damages, which are damages intended to punish the defendant for their outrageous conduct and to deter them from engaging in similar conduct ever again.
At the same time, you may want a negligent doctor to be liable for the economic and non-economic damages you suffered as a direct result of your injuries and illnesses. With this, you may ask the court to order compensatory damages, which are damages intended to make up for your actual losses. It is worth mentioning that the court may not impose a cap on the amount of damages it may award you.
What can I do to properly exercise my legal rights?
Above all else, with your legal right to sue a negligent doctor for medical malpractice comes a responsibility to fulfill a burden of proof. That is, as a plaintiff, you must first prove that a doctor’s breach of duty of care directly resulted in your incurrence of injuries and illnesses. You must then prove that such injuries and illnesses led to your being burdened with great economic and non-economic damages. Ultimately, this requires collecting, submitting, and presenting a sufficient amount of evidence to the New York State court.
In addition, you may only have a legal right to sue a negligent doctor if you file within New York State’s statute of limitations. That is, you must submit your medical malpractice claim within two years and six months from the day on which the alleged incident occurred.
When filing your medical malpractice claim, there is no other than a talented New York City medical malpractice attorney to have on your side. So please get in touch with us at Mark L. Bodner, P.C. today.