Here is What You Need to Know About Medical Malpractice Claims in NYS

New York State is full of competent, hard-working physicians. However, many people are harmed due to negligent physicians every year, and if you believe that you were harmed as a result of your physician’s negligence, the most important thing you can do is to reach out to a knowledgeable New York City medical malpractice attorney who can work to prove your claim. This is not always easy, as doctors will often do anything in their power to disprove your claim, for if your claim is proven, it may result in them losing their right to practice. Our firm is ready to help you through every step of the legal process ahead. Here are some of the questions you may have:

How do win a medical malpractice claim?

To win a medical malpractice claim, you will first have to hire an experienced New York City medical malpractice attorney who can work to prove several things. The steps involved in a medical malpractice lawsuit are as follows:

  1. First, your attorney will have to prove that you had a doctor-patient relationship with your physician and that your physician, therefore, owed you a duty of care.
  2. From here, your attorney must prove that your doctor knowingly breached his or her duty of care by knowingly diverting from the standard course of treatment.
  3. Your attorney must then prove that as a result of the breach of duty, you sustained significant injuries and damages, and that had it not been for the breach of duty, you would not be injured today.

How long will I have to take legal action against a medical professional in New York State?

Every state has a statute of limitations for personal injury claims that the wrongly injured must abide by. That being said, the statute of limitations for personal injury claims in New York State is, generally, three years. However, when it comes to medical malpractice claims, individuals have even less time to take legal action against the party responsible for their injuries. In New York, you will have to file your medical malpractice claim within 2.5 years of the date of the incident of malpractice, and waiting any longer than 2.5 years will most likely result in you being permanently barred from holding the negligent medical professional accountable for his or her actions. Our firm is ready to help you today–all you have to do is pick up the phone and give us a call.


At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice and personal injury claims process. Our firm understands how traumatic it can be when you become a victim of negligence. We are prepared to fight on your behalf to help you recover a maximum compensation award.聽Contact our firm today.