What is the Difference Between Medical Malpractice and Medical Negligence in NYC?

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New York City is home to some of the world’s most competent, hard-working doctors that are dedicated to helping their patients and furthering what we know in the medical field. Unfortunately, there are times where doctors commit acts of malpractice or negligence, and when this happens, patients can be seriously harmed as a result. If this has happened to you, you should have a claim against that doctor, however, the first step is hiring an experienced New York City medical malpractice attorney who can determine whether you were harmed as a result of malpractice or negligence, and from there, assess the situation and form the best strategy going forward. Here are some of the questions you may have:

How is medical malpractice different from medical negligence?

The primary difference between medical malpractice and medical negligence is intent. That being said, you can still sue as long as you can prove that you were harmed as a direct result of medical malpractice or medical negligence. When a doctor commits medical malpractice, it means that the doctor owed his or her patient a duty of care, and that the doctor willingly breached that duty of care by intentionally diverting from the standard accepted form of treatment, thereby injuring the patient and causing the patient to incur serious damages as a result. That being said, when a doctor commits medical negligence, it means that the doctor did not intentionally divert from the standard course of treatment; instead, the doctor made a mistake and injured his or her patient as a result. Though both behaviors are unacceptable and compensation can be pursued for them, they are different in the presence, or absence, of intent.

How long will I have to sue a doctor for an incident of medical malpractice/negligence in NYC?

If you are someone who has been injured in an incident of medical malpractice/negligence, you will have to file your medical malpractice claim within the state’s statute of limitations. Since the statute of limitations for medical malpractice claims in New York State is, generally, 2.5 years, you will have 2.5 years from the date of the incident of malpractice/negligence to sue. It is critical that you do not wait any longer than 2.5 years, for if you do, you will most likely be permanently barred from seeking the compensation you deserve and need to heal. We are here to begin the claims process on your behalf today. All you have to do is speak with us.


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.