According to a study in the New York Law Journal, New York had 15,951 medical malpractice lawsuits from 2012 to 2022. This number was more than any other state.
This legal climate can cause anxiety for medical professionals. However, understanding the role of New York state statutes can provide a glimmer of hope for those unjustly accused.
State statutes set the legal framework
State statutes outline the standards of care expected from healthcare professionals. They also serve as a benchmark in evaluating the legitimacy of accusations. To succeed in a medical malpractice claim, the accuser must prove that the healthcare provider deviated from these established standards, resulting in harm.
The burden of proof lies on the accuser’s shoulders, emphasizing the importance of concrete evidence. In cases where the evidence falls short, state statutes act as a safeguard. They help prevent baseless claims from tarnishing the reputation of healthcare professionals.
The statute of limitations sets a time limit
The statute of limitations is a time limit for filing a medical malpractice claim. The statute acts as a safeguard, preventing accusers from bringing forth claims long after the alleged incident occurred. In New York, adhering to this timeframe is necessary for the validity of a claim.
For those falsely accused, the statute of limitations serves as a protective shield. It can provide a sense of closure and predictability for healthcare professionals, allowing them to move forward without the lingering threat of historic accusations.
Unfortunately, there is still no limit to the monetary damages a judge may award in malpractice suits. In 2022, the New York legislature passed changes to the Grieving Families Act that included a damage cap, but Governor Hochul vetoed it in 2023.