A New York woman suffered neurological injuries after she lost a large amount of blood during a postpartum hemorrhage and an emergency hysterectomy that followed. She claimed that her injuries were the result of the failure of her obstetrician to properly treat, care for, and otherwise manage the postpartum hemorrhage. After a trial in New York Supreme Court, Rockland County, the jury found that the obstetrician committed an act of medical malpractice, in that he was negligent and deviated from good and accepted medical practice. The jury further found that this act of medical malpractice was 100% responsible for the woman’s permanent brain injury, and awarded her $ 1, 310, 000 for loss of earnings, and past and future pain and suffering. The problem arose when the defendant appealed and claimed that the case, which was started two years and ten months after the act of malpractice occurred, was started too late. The defendant based his claim on a New York Statute that states that medical malpractice actions must be started within two years and six months of the act of malpractice. If the defendant had been correct, the woman would have lost her entire award, and received no money at all. On appeal, the Supreme Court of New York, Appellate Division, Second Department, agreed with the defendant that actions for medical malpractice in New York must be commenced within two years and six months of the act of malpractice. The court also found, however, that the defendant obstetrician had continued to treat the woman for four months after her hemorrhage and hysterectomy. Because of this “continuous treatment” the time period for starting a medical malpractice action was put on hold for four months, with the result that the case was started on time – by one day. Thus, the woman was able to keep her entire award.
At Stephen Bilkis and Associates, our knowledgeable New York Medical MalpracticeLawyers will know about the statues that apply to your medical malpractice case. They will also know about the many types of medical malpractice injuries that occur, and will offer you a free consultation. But, to preserve your rights, it is important to act promptly so that if there is a case, it can be started on time. To speak with one of our New York Medical Malpractice Lawyers, call us today at 1800 NY NY LAW (1 800 696 9529).
The firm of Stephen Bilkis & Associates and its New York Medical Malpractice Lawyers with convenient locations in the New York Metropolitan Area, including College Point, New York, can be of invaluable assistance to you if you find yourself a victim of medical malpractice. Enduring pain, disfigurement and financial anguish without professional representation is not the path you should choose.