What is the Failure to Refer?

If you are someone who recently went to a doctor for assistance and that doctor saw you had a medical issue that was beyond his field of expertise, that doctor should have referred you to a specialist. If the doctor in question failed to do so and your condition worsened as a result, he or she essentially broke his or her legal obligation to you. Please continue reading and reach out to our experineced New York City medical malpractice attorney to learn more about medical malpractice claims and how we can help you through the process ahead. Here are some of the questions you may have:

How do I sue a doctor for medical malpractice?

If you are looking to sue your doctor for medical malpractice, the first thing you will have to do is retain the services of an experienced New York City medical malpractice attorney. From here, your attorney will have to gather and present various types of evidence to prove your personal injury claim. The first step is proving that you were the doctor’s patient and that he or she, therefore, owed you a duty of care. From here, you will have to prove that the doctor diverted from the standard course of treatment (in this case, failed to refer you to a specialist when he or she should have), breached his or her duty of care, and that your condition worsened and you suffered significant damages as a result. This is not always easy, which is why you need an attorney who knows the ins and outs of the claims process.

How long will I have to sue a doctor for medical malpractice?

When someone in New York is injured, they will, generally, have three years from the date of their accident to file a personal injury claim against the liable party, in accordance with the statute of limitations. That being said, if you are someone who has been injured due to a medical professional’s negligence, you will have 2.5 years from the date of the incident to sue the physician in question, which is why it is critical that you take action as soon as you can. Do not wait any longer than 2.5 years, for if you do, you will be time-barred from suing. We are ready to help you today.


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.