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People trust their doctors to provide them with the best possible care. However, doctors are human and are therefore not perfect. There are instances in which they make mistakes or behave negligently. When this happens, their patients can suffer significantly as a result. It is because of this that individuals who were victim to a doctor’s negligence can pursue legal action with the help of a New York medical malpractice attorney to recover compensation.

What is Considered Medical Malpractice?

When a person wants to file a malpractice claim, it is crucial for them to know that simply because a treatment did not go your way does not mean that it constitutes malpractice. Instead, they are required to prove three things:

  • The doctor owed them a duty of care
  • The doctor diverted from the standard course of treatment
  • Their breach of their duty of care directly resulted in the worsening of their medical condition and their suffering

If they are able to prove that a different doctor would not have made the same mistakes and their health would not have been at risk, there is a chance for a successful claim. This is not an easy task, which it is important to have an aggressive medical malpractice attorney on their side for assistance collecting proper evidence. 

How Long Do I Have to Sue After an Incident?

Individuals who believe they have a medical malpractice claim should not wait too long before they file. This is because there is a statute of limitations that places a deadline on how long they have to file the claim, otherwise they can lose the opportunity to pursue legal action against a negligent doctor and recover compensation for their suffering. In the state of New York, the statute of limitations for medical malpractice claims is 2.5 years, or 30 months, from the date of the incident. 

Contact our Firm

If you have been injured in a New York City accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive significant compensation to ease some of your burdens. To schedule a consultation with an experienced personal injury attorney in New York City, contact Swerling Law today.


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.


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


Settlement to a man who was run over by a dump truck on a Brooklyn street causing him to sustain multiple injuries, including but not limited to a broken leg and detached urethra in 2019.


Settlement to a woman who slipped and fell down a wet stairwell in a New York City Housing Authority building requiring a back surgery in 2018.

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