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You expect your doctor to care for you as he or she would care for their loved one. Unfortunately, this is not always the case. Doctors are only human, and though we hold them to a far higher standard, they do not always live up to it. If you have been injured, or your condition has worsened because of a physician’s negligence, there is a good chance you are entitled to financial compensation. Here are some of the questions you may have:

What defines medical malpractice?

The first step in establishing your medical malpractice claim is proving that the doctor in question accepted you as a patient and owed you a duty of care. Then, you will have to prove that the doctor’s care failed to conform to the accepted standard of practice. However, this is not enough to prove there was an incident of medical malpractice. If a “respectable minority” of physicians support your doctor’s alternative or drastic method of treatment, you most likely will not have a medical malpractice case. This is why you must prove, above anything else, that the injuries you have sustained are a result of the doctor’s breach of care, and that these injuries have a significant impact on your daily life.

Unfortunately, medical malpractice cases are notoriously drawn-out and expensive. Therefore, you need to be sure you have a case before proceeding, as very often, the cost of the case may be more than the eventual recovery. You will need to provide proof of loss of income, disability, significant past and future medical bills, suffering, or unusual pain. An experienced attorney will help you gather the necessary information to provide the courts and insurance companies with a well-rounded picture of your situation.

What are some of the most common examples of medical malpractice?

There are dozens of negligent actions that may qualify as medical malpractice. When you are putting your well-being into someone else’s hands, you expect nothing but the utmost professionalism. Here are some of the most common ways in which physicians may breach their duty of care.

  • Failure to order proper testing
  • Anesthesia errors
  • Surgical errors or wrong-site surgery
  • Unnecessary surgery
  • Hospital infections
  • Delayed diagnosis
  • Misreading or ignoring laboratory results
  • Failure to recognize symptoms
  • Failure to diagnose or misdiagnosis
  • Poor follow-up or aftercare
  • Premature discharge
  • Disregarding or not accepting appropriate patient history
  • Improper medication or dosage

If you are a victim of medical malpractice, you are most likely in a critical situation. If medical bills are piling up, it is definitely time to speak with an attorney who will fight for your rights.

Contact our New York City firm

If you have been seriously injured as a result of another party’s negligence, contact Swerling Law today to schedule a free initial consultation.


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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