What to Know About the Basics of Filing a Medical Malpractice Claim

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If you have suffered damages due to your doctor’s negligence, you are likely looking to hold them accountable by filing a medical malpractice claim. To learn more about your eligibility for compensation and what to expect for the process ahead, continue reading and reach out to our experienced New York medical malpractice attorney

How can I take legal action against my doctor for malpractice?

In order to file a successful medical malpractice claim against your negligent doctor, you will have to prove a few factors. This is why you will require the assistance of an experienced medical malpractice attorney. You and your attorney will have to first prove that you were the doctor’s patient, which means that they owed you a duty of care. Next, you and your attorney will work to prove that your doctor breached that duty of care. Finally, you will prove that this breach in care resulted in your direct harm and cost you to suffer financial damages.

You must also be aware of the fact that many physicians will do everything in their power to combat your claim to protect their medical license. This is why it is crucial that you retain the services of an attorney who has specific experience handling medical malpractice claims and will work tirelessly to prove your claim at all costs.

What are the most common examples of medical malpractice?

A doctor can behave negligently in many ways. The most common examples of medical malpractice include the following:

  • Failing to diagnose
  • Anesthesia errors
  • Premature discharge
  • Hospital infections
  • Failing to order proper testing
  • Delayed diagnosis
  • Surgical errors
  • Misreading laboratory results

What is the statute of limitations for medical malpractice claims in New York?

The statute of limitations for medical malpractice claims in New York is two years and six months. This means that you will have exactly two years and six months from the date of the incident of negligence to file your claim. The sooner you can bring attention to your claim, the better. This is because if you fail to file your claim within this timeframe, you can risk being permanently time-barred from taking legal action. To get started with his process as soon as possible, reach out to our experienced New York medical malpractice attorney who will walk you through the steps ahead.


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.