How Do I File a Medical Malpractice Claim?

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You may be unsure as to whether your injury qualifies for a personal injury claim or a medical malpractice claim. Regardless, you may be certain that you require financial compensation to properly heal. Read on to discover how to go about filing a claim and how a seasoned New York City medical malpractice attorney at Mark L. Bodner, P.C. can help you in doing so.

How do I know that I am eligible for a medical malpractice claim?

First of all, you must understand the definition of medical malpractice. This is considered when a doctor, nurse, or otherwise a healthcare provider makes a medical error that falls below the accepted standard of care in the community and ultimately causes a patient to incur serious injuries and damages. With that being said, you may be eligible to proceed forward with a medical malpractice claim if you have been made a victim of any of the following medical mistakes:

  • You and/or your newborn suffered a birth injury (for example, a C-section injury).
  • You suffered a diagnosis error (for example, your cancer was left undiagnosed until it became terminal).
  • You suffered a surgical error (for example, you were administered too much anesthesia).
  • Your loved one suffered a wrongful death (for example, hospital personnel were fatally inattentive to your loved one).
  • You otherwise suffered from the negligence of a medical professional (for example, you were prescribed the wrong medication).

How do I go about filing a claim?

Once you confirm that you qualify for a medical malpractice claim, you must turn your attention to fulfilling your burden of proof. That is, as the plaintiff, it is your responsibility to gather a sufficient amount of evidence that ties your injuries and damages directly to the negligence of a doctor, nurse, healthcare provider, or otherwise. Such evidence may include, but may not be limited to, the following:

  • Pictures and videos that prove the injuries and damages you incurred as a result of the malpractice.
  • Medical bills that prove the amount of expenses you incurred as a result of the malpractice.
  • Past pay stubs that prove the amount of wages you have missed out on as a result of the malpractice.
  • Statements made by loved ones that prove the change in your quality of life as a result of the malpractice.

It may be in your best interest to bring your claim forward as immediately as possible. Otherwise, the defense may make the argument that your injuries and damages are not as severe as you are insinuating, or else you would have sought to recover them sooner.聽If you are ready and willing to kickstart your claim, then employ a competent New York City medical malpractice attorney today. We look forward to working alongside you.