Can I File a Claim for Anxiety After Medical Malpractice?

woman in distress

Understandably so, you may experience emotional distress after suffering from injuries at the hands of a trusted healthcare provider. Such emotional distress may manifest in the form of anxiety, which is a mood disorder that you may never be able to shake. With the economic and non-economic damages that come with your anxiety, you may seek to recover financial compensation all while holding the negligent healthcare provider accountable. Continue reading to learn whether you can file a claim for anxiety and how an experienced New York City medical malpractice attorney at Mark L. Bodner, P.C. can work on a strategy.

Why might I experience anxiety from a healthcare provider’s negligence?

Firstly, anxiety is a type of mood disorder that is characterized by intense, excessive, and persistent worry and fear of day-to-day activities. It is common for this mood disorder to surface after a very stressful, frightening, or distressing event, such as a medical malpractice incident. With that being said, the anxiety you now suffer may affect your quality of life in the following ways:

  • You may have suffered an injury so severe that you are now afraid to trust the healthcare system.
  • You may have been left with permanent physical scarring, so you are now ashamed to be seen in public.
  • You may have been left with a physical disfigurement, so you are now struggling to maintain your employment.
  • You may have unwanted flashbacks of the medical malpractice incident, so you now have insomnia or a sleep disorder.
  • You may have unexplained irritability, anger, frustration, or sadness, so you now struggle with maintaining relationships.

Can I file a claim for anxiety after a case of medical malpractice?

The anxiety you incur after a medical malpractice incident may affect many facets of your life (i.e., home life, work life, personal self-esteem, etc). What’s more, your suffering may also be in the form of a significant financial toll (i.e., the cost of therapy sessions, prescription medications, lost wages, etc). For these reasons alone, the New York State Court views anxiety as a valid claim to bring forward in your medical malpractice case.

Establishing your struggle with anxiety may prove difficult, as mental health issues cannot be visibly seen like physical health issues. Therefore, you must make a great deal of effort to collect and submit the following pieces of evidence:

  • Test results from a mental health examination.
  • Testimony from a mental health expert on your exhibited symptoms of anxiety.
  • A doctor’s note from your treating mental health physician that elaborates on your anxiety diagnosis.
  • Statements from your loved ones that elaborate on how your anxiety diagnosis has diminished your quality of life.

At the end of the day, your claim requires a skilled New York City medical malpractice attorney in your corner. So please get in touch with us at Mark L. Bodner, P.C.