Skip to Content
Our Guarantee: No Recovery, No Fee!

What You Need to Know About Medical Malpractice

Man in hospital sitting on side of bed, holding head in hands

Each year nearly 100,000 Americans seeking medical help are harmed due to medical negligence. When these errors are due to poor care and result in severe injury or worse, we call that medical malpractice. But what exactly is medical malpractice, and how does someone go about proving their case? To help explain what you need to know about medical malpractice, we've put together this guide.

What is Medical Malpractice?

In evaluating whether there is a case, it must be determined whether the injury was caused by the doctor's liability. The term “medical malpractice” is used when a doctor's care plan or actions deviates from what could be expected from a similar doctor in the same field, and at the same skill level in similar circumstances.

For example, if a doctor chooses a particular way to perform surgery and an injury occurs, it may not necessarily be medical negligence if other doctors in the same circumstance would make the same choice.

New York and the Statute of Limitations

You do not have an unlimited amount of time to pursue and file a medical malpractice case. In New York, you generally have 2.5 years from the date that the malpractice took place to file your case.

If you don't file your paperwork before the deadline, you lose your right to pursue compensation for your damages. For this reason, you should contact an experienced personal injury attorney immediately after you feel that something has gone wrong.

There are some exceptions to the statute of limitation rule in New York, but you should never delay in consulting with an experienced personal injury attorney.

New Jersey and the Statute of Limitations

In New Jersey, you generally have two years to file a claim from the time that you knew or reasonably should have known that the injury was the result of medical malpractice.

In cases of wrongful death, you have two years from the date of death to file the case. Remember, you should never delay in consulting with an experienced personal injury attorney if you feel you have a case.

Starting a Medical Malpractice Case

Medical malpractice cases are complex and require extensive evidence collecting, fact-finding, and potentially negotiation and trial. Medical providers defend cases very strongly and you need an experienced personal injury attorney to pursue your rights.

If you or someone you love suffered severe injuries due to medical negligence, we can help. If you want an experienced New York City personal injury attorney from Simonson Goodman Platzer PC to fight for your recovery, don’t hesitate to send us an email or call (800) 817-5029.