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    David B. Lever & Associates Report On Potential Medical Malpractice Bill

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    A new medical bill has been proposed which would extend the time that a medical malpractice victim has to file a lawsuit in New York.

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    Today, New York is one of the leading states for medical malpractice lawsuits - in fact, it has consistently been one of the top five states for medical malpractice payouts for the last several decades. In 2013, nearly $765 million dollars was paid to the plaintiffs in these cases.

    Medical malpractice lawsuits are filed by those who believe that the manner in which a medical professional treated them, or failed to treat them, was substandard. Most cases involve surgical errors, childbirth errors, prescription medication mistakes, a failure to diagnose the correct medical condition, or a misdiagnosis. These claims can be filed against doctors, nurses, physical therapists, EMTs, and even pharmacists.

    A new bill which was recently proposed in New York could potentially be beneficial for the victims of medical malpractice. This bill seeks to change the way in which the statute of limitations would be calculated. Currently, the plaintiff needs to file their claim within 2 ½ years of the alleged incident. Due to the fact that damage caused by medical malpractice isn’t always immediately obvious, this bill would change the law so that the countdown for the statute of limitations would begin when the plaintiff is first made aware that they have been harmed.

    This may be the most beneficial to those who suffer adverse side effects from prescription medications or from surgical mistakes, such as having a foreign object left inside of the body during surgery. Issues caused by these mistakes may not surface for months or even years after.

    Not everyone is in favor of this bill, however. The Medical Society of the State of New York believes that if the bill is passed, medical professionals will suffer due to an increase in insurance premiums which in turn will raise health care costs.

    Regardless of the outcome of this bill, the fact is that hospitals and individual practitioners alike need to take steps to prevent errors which could result in serious injury or illness to patients.

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    David Lever

    (877) 721-2759


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