How Do I Know if I Have a Valid Medical Malpractice Claim?

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How Do I Know if I Have a Valid Medical Malpractice Claim?

There is nothing worse than having a medical condition and trusting a medical professional to help, only to find that he or she has made the problem worse through his or her negligence. If you believe this has happened to you, you should continue reading and reach out to our experienced Queens personal injury lawyer to learn more about medical malpractice claims and how our firm can assist you through every step of the legal process ahead. Here are some of the questions you may have:

What are some examples of medical malpractice?

There are a wide variety of ways in which a medical professional can commit an act of medical malpractice, though some of the most common medical malpractice cases that our firm sees involve the following:

  • Anesthesia errors
  • Wrong-site surgeries
  • Medication errors
  • Failing to monitor patients
  • Ignoring test results
  • Misreading lab results
  • Ignoring family medical history

What constitutes a valid medical malpractice claim?

To win a medical malpractice claim, you and your attorney will have to prove various things. First, you must prove that you were the doctor’s patient, and that the doctor, therefore, owed you a duty of care. You must then prove that the doctor breached the duty of care by acting in a way that an otherwise reasonable physician would not. You must then finally prove that the breach of care harmed you and caused you to incur significant damages as a result.

This is not always easy, as oftentimes, doctors will hire expert legal counsel to combat your claim, as their medical career may be on the line. You must hire an aggressive advocate who can fight, tooth-and-nail, for the compensation you deserve and need to get back on your feet again.

How long will I have to file a medical malpractice claim in New York State?

While the statute of limitations for most personal injury claims in New York State is, generally, three years, this is not the case when it comes to medical malpractice claims. In most cases, medical malpractice claims come with a 2.5-year statute of limitations, meaning that you will only have 2.5 years from the date of the incident to take legal action against the medical professional who harmed you.

CONTACT OUR EXPERIENCED NEW YORK CITY FIRM

Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 212-421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.

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Whether you need a car accident lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Office of Richard M. Kenny can help. Located in New York City, we've helped thousands of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.

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If you've been injured due to the negligence or wrong-doing of another, we can provide you and your loved ones with the legal support needed to ensure proper medical attention, long-term treatment and fair, reasonable financial compensation is received for your injury. The initial consultation is always free. For immediate assistance, call (212) 421-0300.

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