White Plains is a city in Westchester County, New York, United States. An inner suburb of New York City, it is the county seat and commercial hub of Westchester, a densely populated suburban county that is home to approximately one million people. Recent studies suggest that for every 100,000 members, 25 medical malpractice suits are filed, with nearly 5% of them from White Plains.
With nearly 700 deaths per year due to White Plains’s medical malpractices, the state medical board receives about 500 complaints per year about healthcare providers. To file a medical malpractice compensation claim in White Plains, you must be familiar with the Westchester state laws. A White Plains personal injury attorney can advise you to understand the different aspects of the state laws that can impact your case.
Statute of Limitations for Medical Malpractice Lawsuits
In White Plains, you get a time limit of two years to file a medical malpractice lawsuit. The date of injury marks the beginning of the two years.
And if you discover the injury on a date differing from the time of injury, then the period is clocked accordingly.
Also, while in White Plains, you need to consider the statute of repose, which states that a case is valid if filed within ten years from the date of the malpractice incident.
Notice Requirements
Before you file the lawsuit in White Plains, Westchester Civil Practice & Remedies Code section 74.051 requires you to provide a written notice to every alleged healthcare provider. The notification needs to be sent at least 60 days before filing the case, through certified mail, with return receipt requested.
In White Plains, you also need to furnish an expert report on each defendant within 120 days of filing the lawsuit.
Proving Medical Malpractice in White Plains
The latest medical studies suggest that “failure to diagnose” was one of the significant reasons for over 30% of White Plains’s malpractice claims. 25% of the malpractice outcome was death.
The Westchester law for White Plains states that if you suffer an injury due to substantial medical malpractice, you need to prove:
- The health provider was negligent, implying that medical care was substandard.
- You got injured as a result of erroneous medical care.
These factors can help your White Plains personal injury attorney to build a strong case against the healthcare professional or the hospital.
Medical Malpractice Damage Caps in White Plains
White Plains, like the other cities in Westchester, places a legislative cap on non-economic damages in medical malpractice cases, like pain, suffering, and anxiety, to name a few.
The per claimant non-economic damage cap in medical malpractice cases against a medical practitioner in White Plains is $250,000. In the case of a lawsuit against multiple healthcare facilities, the overall cap is $500,000.
Hire an Experienced Attorney
There are over 20 reputed law firms in White Plains, with expertise in fighting medical malpractice lawsuits.
They will guide you through completing the groundwork for your case, preparing required paperwork, and filing the lawsuit in the Westchester court. You will need their help to deal with the insurance company, which negotiates for a meager compensation amount.
Doctors are now getting immunized from liability in White Plains. Make sure you have all your records of your injury in place. Hire the best attorney in White Plains to get you the deserving compensation for damages due to medical malpractice.