Am I Eligible to File a Medical Malpractice Claim?

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It is important to understand that just because a doctor, nurse, or healthcare facility made a mistake does not necessarily make them negligent. With this in mind, it may be difficult to determine whether you can file a medical malpractice claim. Read on to discover whether you have a valid lawsuit on your hands and how a seasoned New York City medical malpractice attorney at Mark L. Bodner, P.C., can help you assess your different legal options.

What makes me eligible to file a medical malpractice claim?

The best way to determine whether you are eligible to file a medical malpractice claim is by understanding the common cases that our team handles. Without further ado, we can help you if any of the following relate to your circumstances:

  • You and/or your newborn suffered a birth injury:
    • Cerebral palsy.
    • Erb’s palsy.
    • Brain damage.
    • Forcep and vacuum extraction injuries.
    • C-section injuries.
  • You received a diagnosis error:
    • Delayed diagnosis of a serious or terminal disease.
    • Undiagnosed cancer.
  • You received negligent care from a doctor, nurse, or healthcare facility:
    • Misread doctor’s orders.
    • Anesthesia mistakes.
    • Surgical errors.
    • Prescription medication errors.
  • Your loved one experienced a wrongful death:
    • Hospital personnel was fatally inattentive.
    • Hospital personnel administered the incorrect medication.
    • Hospital personnel did not diagnose a medical problem timely.

How do I prove medical malpractice for my claim?

For your medical malpractice claim, you must refer back to the medical standard of care. And if a doctor, nurse, or healthcare facility failed to meet or deviated from the standard established by peers in the same field, then you likely have a solid argument. In simple terms, you must prove the following:

  1. Your trusted doctor, nurse, or healthcare facility acted in a way that a competent medical professional or facility would not act under the same circumstances.
  2. You suffered injuries and damages as a result of your doctor’s, nurse’s, or healthcare facility’s actions.

What is the deadline to file a medical malpractice claim?

You must remember that there is a deadline for filing your medical malpractice claim. Otherwise known as the statute of limitations, this deadline is generally two years and six months from the date of your incident, according to New York law. If you miss this deadline, then you will no longer be eligible for a lawsuit. With this, you will no longer have the chance to receive financial compensation and hold the negligent medical professional or facility accountable.

For this reason, we recommend that you bring your case forward sooner rather than later. Contact a New York City medical malpractice attorney today. We are ready to kickstart the legal process whenever you are.