What Type of Case Do I Have After a Hospital Injury?

patient hospital bed

You may hold hope that your illness or injury will soon be healed upon being admitted to a hospital. So it is nothing less than devastating when your illness or injury only worsens during your stay. This may be due to a doctor’s negligence or the unsafe conditions within the facility. Either way, you may have a legal case on your hands. Read on to discover what type of case you have after receiving a hospital injury and how a seasoned New York City medical malpractice attorney or slip and fall injury attorney at Mark L. Bodner, P.C. can help you explore your legal options.

What type of legal case do I have after receiving a hospital injury?

For one, you may be eligible for a medical malpractice case if your hospital injury is a direct result of your doctor’s breach of their duty of care. On the other hand, you may consider filing a slip and fall accident case if your hospital injury is due to the hazardous conditions present in your hospital room, its walkways, its entranceways, or otherwise. More specific examples for each case are as follows:

  • You might have a medical malpractice case if:
    • Your doctor prescribes a certain medication that is not suitable based on your health history.
    • Your anesthesiologist administers a certain amount of anesthesia that is not suitable based on your height, weight, and health history.
    • Your nurse fails to include you in their daily rounds and therefore fails to promptly respond to your dire medical condition.
  • You might have a slip and fall accident case if:
    • You slip and fall due to inadequate lighting in your room or the walkways during night hours.
    • You slip and fall due to a broken handrail near your shower or toilet area, near your bed, or on a staircase.
    • You slip and fall due to walkways being cluttered with medical devices, cleaning carts, or other obstructions.

What is the deadline for my legal case?

No matter which of the two aforementioned claims types you intend to file, it may take time to sufficiently build your case. That is, it takes time to collect enough proof that proves the negligence of the defendant, whether that be your doctor, a facility owner, or one of its personnel.

Nonetheless, you must keep the deadline for your legal case in mind. For a medical malpractice claim, New York State enforces a statute of limitations of 2.5 years. And for a slip and fall accident claim, this statute of limitations is slightly extended to three years.

So when it comes to filing your claim, there is no question that a competent New York City medical malpractice attorney or slip and fall injury attorney is the best fit for you. Please contact Mark L. Bodner, P.C. at your earliest possible convenience.