When can I sue For Medical Malpractice?

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Medical malpractice refers to any negligence by a medical practitioner that results in an injury. You have the right to sue the responsible party for damages but you may need to act promptly. There is a 2 and a half year statute of limitations on any medical malpractice claim in New York. The clock starts ticking on this limit to file your claim when an injury was sustained or discovered during diagnostic testing, such as an x-ray or CT scan. That is why we recommend reaching out to a Bronx Medical Malpractice Personal Injury Lawyers to help you file your claim and pursue your case. 

Medical Malpractice Lawsuits In New York

You can file a medical malpractice lawsuit against a doctor, physical therapist, nurse or mental health care professional if you were injured as a result of their actions. However, it is crucial that you understand when you can file your lawsuit. For instance, with the statute of limitations in NY stipulating a 2 ½ year limitation period, you have just as long after the time of your injury to sue. Bringing an action after this period has passed can result in the dismissal of your case, which extinguishes your hopes of recovering damages.

The limitation period on medical malpractice cases isn’t meant to lock you out of justice. On the c contrary, it ensures that the court receives credible evidence to determine your case and establish the best course of action. It’s highly likely that evidence regarding your case will become less compelling as time goes by. It’s also crucial to note that the statute of limitations starts counting down the moment the injury was discovered or when it ought to have been discovered.

Who Is Responsible In Medical Malpractice Cases?

A medical malpractice case is filed against a “healthcare provider,” but the term includes both individuals and organizations. Therefore, the persons responsible for a medical malpractice lawsuit may include doctors, specialists, surgeons, nurses, free clinics, assisted living centers and many others.

When you file a medical malpractice claim, you have the burden of proof. You must therefore prove that;

  1. The healthcare provider failed to exercise the required degree of skill and care in their profession. They must have deviated from the reasonable duty of care required in such circumstances.
  2. Their failure to observe their duty of care directly or indirectly resulted in your injury

Once you’ve decided it’s time to take legal action after being injured due to someone else’s medical negligence, here are some things you might want to consider:

  • What was the nature of my injury? It is imperative because each type of injury is treated differently under the law. For example, if you were permanently disabled due to a wrong procedure, “permanent physical impairment.” 
  • Determine who your attorney is by reading reviews and asking friends and family for recommendations -Finding the right attorney specializing in medical malpractice is critical. You want an attorney whose expertise is medical malpractice. Look at a few of their cases and discuss how they approach their issues. The last thing you want is to find yourself in their hands with no idea what to expect. Just like with doctors, there are reasonable attorneys and bad ones.
  • The severity of the injury — Did the incident cause permanent damage? Did it cause death?
  • The circumstances surrounding the incident — Did the professional violate their policies regarding protocol.

Instances Where I Can Sue For Medical Malpractice

Suppose you think you may have grounds for a lawsuit against a doctor or other healthcare professional. In that case, you should consult with an experienced personal injury attorney who specializes in medical malpractice cases. Depending on your situation, several signs point toward possible medical negligence:

  • The treatment plan was not followed
  • You were not notified of risks or complications
  • Your condition worsened because of negligent follow-up care
  • Infection control procedures were not appropriately followed, resulting in infection
  • Poor communication among staff or between staff and patients
  • Improperly prescribed medications or treatments
  • A delay in diagnosis or treatment caused further injury
  • Death due to negligent treatment

Suppose you have sustained a personal injury due to medical malpractice in an accident. In that case, you may be able to file a lawsuit against the parties responsible for your damage. However, even if you were not at fault in the accident, it is essential to seek medical attention as soon as possible so that medical professionals can document the extent of your injuries and determine who was at fault. This information will prove critical during the personal injury lawsuit process against the parties responsible. An instance of medical malpractice leads to numerous types of injuries, including pressure sores, bedsores, soft tissue injuries, joint dysfunction, and nerve damage.


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