Jamaica Hospital Medical Center is one of the largest and most advanced medical facilities in Queens, treating thousands of borough residents annually. However, if you suffer injuries or complications from treatment you received at Jamaica Hospital, can you sue the hospital in a medical malpractice lawsuit? Understanding your options for seeking compensation for harm from negligent medical treatment at Jamaica Hospital can help you get the resources you need to recover from serious injury or health complications.
What Constitutes Medical Negligence?
Medical negligence occurs when a healthcare provider renders treatment that falls below the applicable standard of care and, as a result, injures or otherwise harms a patient. Healthcare providers have a duty to treat patients according to the standard of care, generally defined as the actions and decisions that other providers of similar training and experience would make in identical or similar circumstances. Medical negligence comes in many forms, such as misdiagnosis, surgical errors, medication errors, and birth injuries.
Is Jamaica Hospital a Public or Private Entity?
Jamaica Hospital is a private, non-profit organization. As a result, unlike a public hospital operating under the direction of the state government, a person who files a lawsuit against Jamaica Hospital does not need to comply with the notice-of-claim rules under New York law applicable to claims against the state or local governments. Instead, the standard procedures for medical malpractice lawsuits apply when filing suit against Jamaica Hospital.
New York’s Medical Malpractice Laws and Deadlines
Under New York’s statute of limitations for medical malpractice claims, a patient has two-and-a-half years (30 months) from the date of negligent treatment to file a lawsuit against the healthcare provider(s) responsible for that treatment. However, certain exceptions can alter the deadline for filing a malpractice lawsuit, such as when a minor suffers harm from negligent treatment, when negligent treatment causes latent harm that does not immediately manifest itself, or when negligence occurs during a continuous course of treatment.
The Process of Filing a Medical Negligence Claim in New York
Filing a medical negligence claim against Jamaica Hospital should begin with a thorough investigation and review of all relevant documents, including the patient’s medical records, treatment notes, medication records, progress charts, test results, and diagnostic scans.
Patients can give themselves the best chance of success in a malpractice lawsuit by consulting an experienced medical malpractice attorney. An attorney can assess the strength of the patient’s case, conduct an in-depth investigation, and work with medical experts to provide critical testimony to support the case.
Before a patient’s attorney can file a medical negligence lawsuit on their behalf, they must secure a certificate of merit. In New York medical malpractice lawsuits, an attorney filing suit must submit a certificate of merit stating that they have consulted a medical provider knowledgeable about the issues underlying the case and, based on that consultation, believe the patient has a reasonable basis for filing suit. However, if an attorney cannot obtain a consultation before filing suit due to the approaching expiration of the limitations period, they can file suit but must submit the certificate of merit within 90 days. The attorney does not need to consult a healthcare professional when filing a medical malpractice lawsuit based on circumstances that necessarily require a provider’s negligence, such as when a surgeon leaves equipment inside a patient.
Contact Our Medical Malpractice Attorneys Today
Have you experienced an adverse outcome from treatment at Jamaica Hospital? If so, you may have the right to seek compensation for your injuries or complications. Contact McCann Legal, PC for a free case evaluation with a New York medical malpractice lawyer to learn more about the process of filing a lawsuit if you suffered harm from treatment at Jamaica Hospital.