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No Mandatory Arbitration in New York Medical Malpractice Cases

If you or someone close to you has been hurt by a medical professional’s negligence, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys have the skill, experience and dedication needed to handle your case.

In New York, medical malpractice takes place when a medical professional fails to comply with the standard of care that is required by law, thereby causing injury or death to a patient. The standard of care refers to the level of care that a medical professional in the same speciality would use under the same or similar circumstances.

New York law does not require mandatory arbitration, mediation or the submission of your claim to a screening panel as a form of alternative dispute resolution (ADR) prior to a medical malpractice case going to trial. Rather, the case can go directly to trial. This is different from a number of states that require an attempt to settle before the matter goes to court in an effort to reduce the volume of cases in court and resolve claims in a timely manner. While New York law does not mandate ADR, if two parties wish to use the process, they have the right to do so under state law.

At our firm, we try our best to reach a favorable settlement agreement for our clients to save them time, money and heartache of trial. Generally speaking, if a settlement agreement cannot be reached, the next step will be to proceed to trial. At some point before trial, a demand letter will be sent to the defendants. The letter will state the case against them and set forth a demand for compensation for medical expenses (past, present and future); lost wages due to missed work; and pain and suffering. The demand letter is usually what initiates negotiations for the settlement or an agreement to resolve the case. If an agreement is reached, the plaintiff will sign a release and the defendant will issue a check for the agreed upon damages amount.

It is difficult to know exactly how long settlement negotiations will take, as the issues may evolve as discovery progresses. In addition, there may be different points of contention in the case. For example, a hospital or doctor may require a plaintiff to sign a non-disclosure agreement prohibiting the plaintiff from ever discussing the malpractice. In some cases, parties may use a neutral third party, known as a mediator, to communicate more effectively during the negotiation process. This could be a lawyer or retired judge.

If you or your loved one has been injured or killed as a result of medical malpractice, you may be entitled to compensation. While money can never undo the harm you suffered, it can help pay some of the bills that pile up after such an incident. At DeFrancisco & Falgiatano Personal Injury Lawyers, our hard-working Rochester medical malpractice lawyers are here to help you every step of the way. Call us today at 833-200-2000 or contact us online.

More Blog Posts:

Man Dies After Surgeon Leaves Needle Inside Patient’s Body, Rochester Medical Malpractice and Personal Injury Blog, September 11, 2018

Woman Sues Hospital for Performing Emergency C-Section without Anesthesia, Rochester Medical Malpractice and Personal Injury Blog, August 31, 2018

Failure to Diagnose Heart Attack in New York, Rochester Medical Malpractice and Personal Injury Blog, August 24, 2018


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