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When an individual suffers an injury or falls ill, they turn to healthcare providers such as doctors, nurses, surgeons, specialists, anesthesiologists, and other healthcare professionals to improve or maintain their health. When individuals seek medical assistance, they typically do not expect to experience worse injuries than what they initially presented with. However, when healthcare professionals fail to uphold their legal duty of care toward their patients, they can cause serious harm. If you have been injured while receiving treatment from a medical professional, contact our talented New York City Medical Malpractice Attorneys, who can help you seek reasonable compensation for your damages. Please continue reading to learn how we can assist you in securing the fair compensation you deserve. 

Can a healthcare provider be held liable for my injuries in New York?

In New York, if you are injured due to a healthcare professional’s negligence, meaning they made a mistake that caused you harm by worsening an existing medical condition or creating a new injury or ailment, you are entitled to file a medical malpractice lawsuit to seek monetary compensation for your damages. If you are considering filing a medical malpractice claim against a healthcare professional, it is in your best interest to retain the legal services of a seasoned attorney who can help you gather evidence to fulfill the burden of proof. Before you can be awarded compensation for your losses, you must satisfy the burden of proof. You must prove that the healthcare provider’s negligence directly caused your injuries. To satisfy the burden of proof, you must prove the following:

  • You had an established doctor-patient relationship.
  • The healthcare professional owed you a standard duty of care.
  • The healthcare professional breached their legal duty of care.
  • The healthcare professionals’ breach of duty of care directly caused your injuries and damages.
  • If the healthcare professional did not diverge from the traditionally accepted line of treatment, you would otherwise not have suffered your injuries.

What types of injuries can occur?

Unfortunately, numerous issues can arise due to the negligence of a healthcare professional. However, the most common mistakes that lead to malpractice include but are not limited to the following:

  • Diagnosis errors
  • Medication errors
  • Surgical errors
  • Anesthesia errors
  • Administering the improper course of treatment
  • Failure to inform patients of known risks of a procedure or course of treatment
  • Wrongful death

If any of these common types of malpractice occur, it is best to acquire quality legal counsel to help you collect evidence of the medical professional’s wrongdoings. You must provide the court with hard evidence such as photos, medical records, medical bills, and other evidence to maximize your chances of recovering compensation for your injuries. Unfortunately, malpractice victims can suffer a wide range of injuries that negatively impact their lives.

If you are the victim of medical malpractice, contact a skilled attorney from the legal team at Swerling Law, who can help you hold responsible parties accountable for their negligence. Our firm is committed to helping our clients fight for the rightful compensation they deserve.


To a man who was assaulted at a restaurant and sustained a traumatic brain injury.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


To a man who sustained back injuries when he was a passenger in the car that rear ended another car.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

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