Legal Question in Medical Malpractice in New York

I've recently suffered from doctor abuse and neglect, which subsequently led to a visit to the ER. My question is: What is the specific law that prevents attorneys from pursing a Medical Malpractice suit (because I've already contacted some attorneys about this) unless the injury caused "permanent" injury to the patient?? In your opinion, what could be done to get this/these laws changed? Doctors are aware of this, I have, and many others have suffered greatly in the hands of abusive out of control doctors whom seem to be aware of this loophole. Things like intentional infliction of emotional distress, abandonment of patient, even when your in the middle of a medical crisis, neglect, blacklisting patients for no good reason, misconduct even though they fall within the definition of medical malpractice is not good enough to sue and win apparently, so I've been told.

I'm reaching out to attorneys on this for opinions on this very serious issue. The "so called" remedies are to report to the Department of Health, State Ins. Division, Medical Society. Even complaining to the insurance company doesn't stop from paying a claim for a visit when you get abused, left untreated, and forced to pay a co-pay. Seems like reporting to the good ole buddy system is a feudal undertaking.. Any and all input is appreciated. Sorry for the length.. What good is paying insurance premiums when doctors are abusing, neglecting your care, etc??

Asked on 3/04/16, 4:59 am

1 Answer from Attorneys

It is not that there is any legal rule or law preventing someone from suing for medical malpractice in the absence of a permanent injury. It is more a matter of economics and sensible business practice from the lawyer's point of view. Medical malpractice cases are often complex and lengthy, and involve significant financial investment. What's more, the legal fees, by law, are less than those collected in simple auto or trip and fall cases. Defendants frequently force medical malpractice cases to trial and statistically, about two-thirds of such cases result in verdicts for the doctors/hospitals. So, unless the plaintiff's injuries are significant, and permanent, many lawyers do not believe the ultimate financial rewards justify taking on the "smaller" case. Hope this helps you understand. M. E. Zuller

Read more
Answered on 3/04/16, 6:08 am

Related Questions & Answers

More Medical Malpractice Law questions and answers in New York