How Do I File a Malpractice Claim for My Spinal Cord Injury?

doctor viewing x-ray

It was perhaps through a personal injury accident that you initially incurred a spinal cord injury. But later on, it may have been due to the negligent care of a treating healthcare professional that made your spinal injury worse, and potentially life-altering or life-threatening. If this possible scenario resonates with you, then you may want to focus on pursuing a medical malpractice claim. Understandably, in combination with actively dealing with your serious bodily injury, you may be overwhelmed with how to handle this legal action. Well, follow along to find out how to file a medical malpractice claim for your spinal cord injury and how a proficient New York City neurological injuries lawyer at Mark L. Bodner, P.C. can work to ensure you do so in a timely manner.

How do I file a medical malpractice claim for my spinal cord injury?

In general, you must supplement your medical malpractice claim with sufficient evidence of a doctor’s, nurse’s, emergency medical technician’s, or hospital technician’s negative contribution toward your spinal cord injury. This is because medical malpractice is a serious allegation that must be grounded on facts.

This starts with proving that a healthcare professional owed you a duty of care. This may be accomplished with proof that you were a patient under their direct care (i.e., doctor’s notes with their signature, medical reports with both your names disclosed, etc). In turn, you must prove that this healthcare professional ultimately breached their duty of care by practicing negligently. This may be solidified by testimony from a medical expert. Here, they may state that a responsible healthcare professional within the New York State medical community would have likely taken a different, more effective approach to your healthcare.

With this, you must point to the specific medical error that caused your spinal cord injury to worsen. You may claim that they failed to diagnose your spinal cord injury on time; failed to treat it on time; failed to treat complications resulting from back surgery; or otherwise. Again, any and all relevant medical records may help you back this up.

And lastly, you must conclude that your worsened spinal cord injury brought on significant damages that you would not have otherwise incurred. For this, your loved ones may testify about how your quality of life has significantly declined. Plus, your employer may testify about how your return to your job post is nearly or altogether impossible.

How long do I have to file my medical malpractice claim?

We understand just how time-consuming it can be to gather all the evidence necessary for your medical malpractice claim. But we ask that you please remember that you are on some sort of a time crunch. That is, the statute of limitations for filing a medical malpractice claim in New York State is generally two years and six months. Meaning, two years and six months from the date on which a healthcare professional caused your spinal cord injury to worsen, generally speaking.

In conclusion, at this time, what matters most is that you retain strong legal representation to get you through this critical case. Please contact a talented New York City medical malpractice attorney from Mark L. Bodner, P.C. today.