Malpractice lawyers: What do they do and how can they help you?
Malpractice lawyers handle a myriad of cases involving mistakes made by professionals in treating or representing their clients, and injury resulting to the client from said mistake.
Listed below are several instances in which a person might want to consult with a malpractice lawyer:
- The attorney representing a client in a personal injury matter fails to start the lawsuit within the time frame allowed
In this instance we are dealing with legal malpractice matter, where attorney’s omission forever bars the client from proceeding with his personal injury case and obtaining a settlement from the responsible party. In New York as long as the wrong arises out of the professional relationship between the client and the attorney, the injured party will have three years to start legal malpractice proceeding against the attorney who made the mistake. Keep in mind that the time begins to run from the date malpractice occurred, not from the date it was discovered, so it’s vital to get frequent updates from your attorney on your personal injury case.
- The doctor delivering a baby fails to notice fetal distress and perform emergency c-section, causing the infant to suffer lack of oxygen, resulting in severe brain damage
Injury to the baby during labor and delivery caused by mistake of the doctor or other medical professional may result in a medical malpractice claim against the health care provider(s). It is important to remember that while the infant’s claim may be tolled or extended until after he or she reaches the age of majority (18 in most state); the claim of the infant’s parent is limited to the statute of limitations for medical malpractice case the parent’s state of residence. Duffy & Duffy is comprised of fully experienced malpractice lawyers, who are thoroughly familiar with all applicable time limits for starting an action.
- During your routine dental appointment you become injured as the result of wrongfully administered anesthesia
Here the action against the dentist or his assistant will be for dental malpractice, which differs from medical malpractice cases in the time from for starting an action. Typically under CPLR 214(6) all non-medical malpractice actions are subject to a three year statute of limitations and dental malpractice falls in this category, together with podiatric malpractice, accountant’s malpractice and many other professional practices.
- Professional conceals from the client that a mistake was made and assured him that the case is proceeding smoothly
In some circumstances where the party who made the mistake conceals his or her negligence or omission from the customer, the statute of limitations in New York will be extended to 6 years from discovery of the fraud. Malpractice lawyers are trained to carefully review all the evidence to advise you what type of malpractice case you may have and your time frame for starting the lawsuit against the offending party.
Call Duffy & Duffy today at 516.394.4200 to make sure your rights are fully protected.