Want to know why?

There are usually two reasons:

  1. The patient never learns that what the doctor did was malpractice. They never realize that their complication or injury was from medical errors, and
  2. The time limit to file a lawsuit seeking compensation is gone.

Let me share with you what I mean.

In my 24 years of experience as of the time I'm writing this, these are the two most common reasons I see. Think about this...

If a doctor screws up and causes you harm, do you think he's going to come right out and tell you he screwed up? Do you think he's going to tell you "Mrs. Jones, I just want you to know that I committed medical malpractice on you during your surgery and that's why you're in such a bad condition now..."

It doesn't happen. In fact, I have never seen that happen in all my years of practice.

Since the doctor will usually not disclose a medical error or mistake to the patient, the patient may never know that the problems they have were caused because of some departures from good and accepted medical care. If the doctor has a great relationship with the patient, the patient may very well excuse the doctor from any complications or problems they suffer and chalk it up to 'bad luck'.

Another reason a doctor may get away with medical neglience and not be held accountable for those mistakes is when the patient finally realizes, too late, that they have a valid basis to bring a lawsuit in New York.

Unfortunately for the patient, if he realizes this too late, there is no way any attorney can help. Once the statute of limitations has expired, it doesn't matter how bad the wrongdoing was or what type of injuries you suffered...even death. The dreaded time limits can and sometimes do protect the doctor from taking financial responsibility for your injuries.

Gerry Oginski
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NY Medical Malpractice & Personal Injury Trial Lawyer
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