Medical malpractice claims can be very complicated. If you or a loved one has been a victim of medical malpractice, you need to reach out to a skilled Rochester medical malpractice attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand how to handle medical malpractice claims and seek the compensation our clients deserve for their harm.
A recent report released by The Doctors Company shows that medical malpractice claims against nurse practitioner (NPs) do not significantly differ from those made against primary care doctors. With projections that NPs will represent almost one-third of the family practice workforce by 2025, the study may shed some important insights. The report was compiled by the nation’s biggest physician-owned medical malpractice insurer and is based on almost 1,500 claims filed against NPs and family medicine and internal medicine doctors from the time span of January 2011 through December 2015. The main findings of the report were as follows:
- Diagnosis-related and medication-related claims were comparable for NPs and primary care doctors;
- The final diagnoses in diagnosis-related claims were comparable for NPs and primary care doctors; and
- A number of NP claims could be traced to clinical and administrative factors like failure to follow the NP scope of practice, absence or departure from written procedures, and unsatisfactory supervision of doctors.
Under New York law, an injured patient can file a medical malpractice case against a licensed medical professional, such as a doctor, nurse, or physical therapy or mental health care professional. Negligence is the underlying principle of a medical malpractice claim. In the context of medical malpractice claims, negligence is a failure to adhere to the accepted standard of care that another medical professional in the same specialty would have used under the same circumstances. A failure to adhere to the accepted standard of care must have been a direct cause of the patient’s harm in order for a malpractice claim to succeed.
Each state has a statute of limitations for medical malpractice claims, and New York is no exception. In New York, an injured patient has two and one-half years in which to file a medical malpractice claim in civil court. The statute of limitations begins to run when the injury takes place or at the end of a continuous course of medical treatment during which the act causing the injury took place. Failing to file your claim within the time frame could mean losing your right to compensation altogether.
If you have been injured by the negligence of a medical professional, you may be able to recover compensation with the help of a seasoned Rochester medical malpractice attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can review the facts of your case and provide you with an honest assessment of your claim. We understand that this is a stressful time in your life, which is why you can expect the utmost compassion from us. For more information about your case, feel free to call us at 315-479-9000 or contact us online.
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