What Makes a Valid Medical Malpractice Claim in NYS?

doctor in scrubs

When someone seeks the advice or treatment of a physician and they are harmed as a result, it can feel like a huge betrayal, and in some cases, it is. If you were recently harmed by your doctor or another type of physician, you must continue reading and reach out to our experienced New York City medical malpractice attorney to learn more about what constitutes a valid medical malpractice claim and how we can help you through the legal process ahead. Here are some of the questions you may have:

How do I know if I have a valid medical malpractice claim?

To have a valid medical malpractice claim, you must prove several things. First, you will have to prove that the physician was your physician and therefore owed you a duty of care. You must then prove that your physician failed to live up to that standard of care by acting in a way that another reasonable physician would not have. Finally, you will have to prove that this deviation from the standard of care was the direct cause of your injuries and that you sustained damages as a result. For example, if you can prove that your physician prescribed the wrong medication, made a critical surgical error, or misinterpreted certain tests and you were harmed as a result, you may have a valid medical malpractice claim.

What should I do if my physician harmed me?

If you believe you were harmed by your physician you should save all medical documentation pertaining to your injuries and ensure you hire a competent medical malpractice attorney who understands the ins and outs of medical malpractice claims and can work to satisfy the burden of proof in your case. As long as we win your claim, you should recover compensation to help you deal with the financial, physical, and emotional burdens of your injury.

How long can I wait to file a medical malpractice claim in New York State?

The statute of limitations for medical malpractice claims in New York State is, in most cases, 2.5 years from the date the incident of malpractice occurred. You are required to bring your claim within this timeframe. If you don’t, you’ll most likely lose your right to sue. Our legal team is prepared to fight for 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.