Your stomach hurts. The doctor says: “Stress, please rest.” Three months later – appendicitis that turned into an abscess. Surgery, weeks of recovery, a bill for tens of thousands of dollars. It didn’t have to be this way. And New York State law gives you the tools to hold someone accountable for it.
What is medical malpractice under NY law
Not every unsuccessful procedure is medical malpractice. Three elements must coincide: the doctor had a duty of care toward you (doctor-patient relationship), they deviated from the accepted standard of medical care, and this deviation directly caused your injury or worsening of your condition.
Key word: standard of care. It is not defined by the court – it is defined by an independent medical expert from the same specialty. That is why medical malpractice cases are more expensive and difficult than typical personal injury cases. Without an expert, there is no case. Literally – NY law requires a Certificate of Merit before filing a lawsuit.
Most common types: misdiagnosis or delayed diagnosis (as in the example above), improper medication dosage, surgical errors – operating on the wrong side, leaving instruments behind, anesthesia complications. And a category that is rarely talked about: dental errors. Nerve damage during extraction, improper implant, ignoring an infection.
Deadlines and costs – why time works against you
Statute of limitations: 2 years and 6 months from the date of the incident. Shorter than the standard 3 years for personal injury. And there are no “I didn’t know” exceptions here – with one: a foreign object left after surgery (then the period runs from discovery).
Costs? An expert opinion is at least a few thousand dollars. Plus medical records, expert reports, attorney time. That is why not every law firm will take on a medical malpractice case – the risk is high, and the upfront investment is significant. It is worth asking if the firm covers these costs from their own funds and only settles them from the winnings.
→ Looking for a medical malpractice attorney? Check out the Jodré Brenecki profile in the PolishPages directory.
What to look for when choosing a medical malpractice attorney
- Experience specifically in medical malpractice – it is a separate specialty. The attorney must know medical terminology, Certificate of Merit procedures, and be able to work with experts. Ask about medical cases handled – not car accidents.
- Network of medical experts – without an expert opinion, there is no lawsuit. A firm with contacts in the medical community will assess the chances of the case faster and prepare stronger documentation. This is not something that is built from scratch for every case.
- “No win, no fee” system with coverage of expert costs – check if the firm covers the cost of experts upfront. If you have to pay for it yourself – think twice.
- Possibility of consultation in Polish – describing symptoms, the course of treatment, the moment when “something went wrong” – this requires precision. In your own language, you are more accurate, and accuracy in medical malpractice is the difference between winning and losing.
→ The Jodré Brenecki law firm handles medical malpractice cases, including dental ones – check the profile in the PolishPages directory.
A doctor’s error is not “bad luck.” It is negligence for which someone is held responsible. Deadlines in these cases are shorter than in typical compensation claims – do not wait. Call for a free consultation: 347-563-2605.
