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State court clarifies rule in medical malpractice case

When a hospital error is made, sometimes the patient may find themselves with an injury that requires additional medical care, separate from the problem that they came in with. People in New York City have a general trust in their hospitals and for the most part, many go to a hospital, receive the right treatment and are able to return home again. Others are not so lucky and may be a victim of incorrect treatment, a missed diagnosis or even a surgical error.

Recently a state supreme court clarified a rule relating to when a person can file a medical malpractice lawsuit. The lawsuit was originally dismissed over the ruling that it was not filed within the two year time frame from the time the injury occurred. That ruling was overrode by the high court because it was filed within two years of the man's receiving treatment for the injury made to his arm during a hospital stay. 

The lawsuit was approved by the state’s Medical Review Panel. The man’s shoulder and arm was injured when a hospital employee handled him too roughly; he was under treatment for pneumonia at the time. The court ruling will allow the man to continue his legal pursuit against the hospital.

Hospital malpractice can create additional burdens for the victim with possible loss of income, medical costs and pain and suffering. One way that victims can seek justice is to hold the hospital or doctor financially responsible in a court of law. Therefore, it may be a good idea for a victim to meet with an attorney to learn about the legal process and their options.

Source: Wyoming Tribune Eagle, “Wyoming Supreme Court reverses malpractice ruling,” Kelsey Bray, May 30, 2013

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