What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional, such as a doctor or nurse, or a hospital makes a mistake that results in harm to a patient. This could be a wrong diagnosis, a surgery mistake, giving the wrong medicine, or failing to treat a condition properly. In New York, for it to be considered malpractice, the mistake must be serious and cause real harm.
How Do I Know If I Have a Medical Malpractice Case?
Many people wonder if a bad experience with a doctor means they can sue. You might have a case if:
- You had a doctor-patient relationship.
- The doctor made a serious mistake.
- That mistake caused your injury.
- The injury caused problems like more medical bills, pain, or lost income.
How Much Time Do I Have to File a Medical Malpractice Claim in New York?
In New York, you usually have 2 years and 6 months from the date of the mistake to file a claim. But there are some special rules:
- Surgical Tools Left in the Body: If a doctor accidentally left something inside your body during surgery, you have 1 year from the day you find out to take legal action.
- For Minors: If the patient is under 18, the time starts when they turn 18, but you must sue within 10 years of the mistake.
How to File a Medical Malpractice Claim in New York?
If you’re thinking about filing a medical malpractice claim, here’s what you need to do:
- Get a Medical Opinion : First, you’ll need another doctor or expert to confirm that malpractice actually happened.
- Hire a Lawyer : Find a good personal injury lawyer (especially one in Manhattan if that’s where your case is). They’ll help you gather evidence, handle paperwork, and guide you through the legal process.
- File a Notice (If Needed) : If you’re suing a public hospital or a government-employed doctor, you must give them a heads-up within 90 days of the mistake.
- Gather Evidence : Collect your medical records, expert opinions, and proof of how the mistake affected you—like bills, lost wages, or pain you’ve experienced.
- Start the Case : Your lawyer will file the lawsuit for you. From there, the case might be settled outside of court, or it could go to trial.
The process can feel overwhelming, but having the right team on your side makes all the difference!
Why You Need a Lawyer
Medical malpractice cases are hard to win because doctors and hospitals have strong legal teams. A skilled personal injury lawyer in Manhattan will help you understand your rights and fight to get you the money you deserve.
Farhan Khatri 
Olivia Blair