What Makes Me Eligible to File a Medical Malpractice Claim?

outside courthouse building

When a doctor, nurse, or other healthcare worker makes a mistake, the consequences can be devastating. Sometimes, such results may even constitute a medical malpractice claim. Continue reading to learn whether you should file a medical malpractice claim and how an experienced New York City medical malpractice attorney at Mark L. Bodner, P.C. can help determine your eligibility.

Under what circumstances am I eligible to file a medical malpractice claim?

Some medical malpractice cases are more common than others. Nevertheless, you may be eligible to file a medical malpractice claim if you find yourself in any one of the following circumstances:

  • You and/or your newborn incur a birth injury:
    • Your baby is diagnosed with cerebral palsy.
    • Your baby is diagnosed with Erb’s palsy.
    • Your baby suffers from brain damage.
    • Your baby suffers from forcep and vacuum extraction injuries.
    • You and your baby suffer from C-section injuries.
  • You incur a diagnosis error:
    • You receive a delayed diagnosis of a disease or condition and it is no longer treatable.
    • Your cancer goes undiagnosed and it is no longer treatable.
  • You experience negligence at a hospital:
    • Your physician misreads your chart before a procedure.
    • Your physician prescribes the wrong medication.
    • Your anesthesiologist administers the wrong dosage.
    • Your surgeon makes a mistake during your procedure.
  • You incur a neurological injury.
  • You incur an orthopedic injury.
  • Your loved one experiences a wrongful death.

What questions should I ask myself before filing a claim?

If you found yourself in any of the aforementioned circumstances, and you can conclude that you are eligible for a medical malpractice claim, then you can proceed with the filing process.

But before filing, you must ensure that you are properly prepared for the claim proceedings ahead of you. So, to confirm that you have a strong claim, you may want to ask yourself the following questions:

  • Do I have a sufficient amount of evidence to prove that I was the patient of a doctor, nurse, or healthcare worker that owed me a duty of care?
  • Do I have a sufficient amount of evidence to prove that a doctor, nurse, or healthcare worker deviated from the standard of care established by their peers?
  • Do I have a sufficient amount of evidence to prove that a breach of duty of care by a doctor, nurse, or healthcare worker directly caused me to incur injuries and damages?

We understand that there is a lot of preparation needed when pursuing legal action. But rest assured, our team will ensure that this process is worth it by recovering your damages and attaining justice as a result. Pick up the phone and call a skilled New York City medical malpractice attorney as soon as possible.