Medical malpractice, which is sometimes also referred as a medical negligence, is supposed to happen when some health care provider is found to violate the leading standard of care while providing treatment to a patient and thus making the patient to experience an injury. As far as the Medical malpractice is concerned it can result from an action which is taken by the medical practitioner, or due to the failure of the process followed by the doctor. Some of the examples of medical malpractice are as follows:

• Misdiagnosis is the first kind of medical malpractice.
• The second is the Failure to provide suitable cure for a medical state.
• And the third one is the unreasonable delay in treating a diagnosed medical condition.

I must tell you that a medical malpractice action can be brought into limelight by the injured patient and he can do this against any responsible licensed health care provider, which includes doctors, counselors, psychologists and psychotherapists.

Now as far as the laws are concerned I must tell you that these laws are different in different states. As far as the New York is concerned the rules are definitely different from that in California. Let me explain how the rules stand by in New York. The description goes like this.

Statute of limitations
As far as the Medical malpractice actions are concerned I must tell you that you should file the complaint within thirty months of the date of the act or omission that gives rise to the injury occurred. Now for malpractice actions which are based upon the presence of a foreign object within the body of a patient, the petition must be filed within one year of the date when the foreign object was discovered in the body. The medical malpractice actions which involve the minor injury which afterwards turns out to be a major one should be filed with three years.

Limits on Attorney Fees
I must tell you that the attorney fees are also limited to some extent. New York limits attorney fees in cases of malpractice to 30% of the first $250,000.00, 25% of the other $250,000.00, 20% of the next $500,000.00, 15% of the next $250,000.00, and 10% of any sort of recovery which is greater than $1.25 million. The government has strictly ordered the attorneys to follow these rules strictly. They cannot really violate this rule.

Why attorneys?
This is really a very big question and believes me that the medical malpractice law is a very serious issue and hence if you want to win on behalf of this type of law then I must say that you will have to hire some good attorney.

These are some points about the medical malpractice law and both the defendant and the plaintiff will have to strictly follow it.

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