Medical Malpractice FAQ

When you go to an Albany hospital for treatment, you are in a vulnerable position. You are ill and need help, and you are counting on the doctors and medical staff to provide a certain level of care.

Most of the time, the doctor will analyze your symptoms and come up with a diagnosis or treatment. Sometimes, however, the doctor will miss a step or come to the wrong conclusion. When you have an injury because of a medical mistake, you might have a medical malpractice claim.

What types of medical malpractice claims are there?

There is a reason that it takes so long to become a doctor. Medical procedures can be very complicated, and there is a lot at risk if the procedure does not go as planned. Medical malpractice claims can include a variety of causes, including:

  • Wrong diagnosis: When you seek medical treatment, the doctor has an obligation to get an understanding of your symptoms and make a diagnosis. Making an accurate diagnosis can be critical to getting the correct treatment and preventing further illness or injury.
  • Wrong treatment: Your doctor has a duty to make sure that the treatment you receive lines up with your diagnosis. Treating you for the wrong illness can make your situation worse.
  • Wrong (or insufficient) warnings: All treatments come with risk. Sometimes the risk is small; other times the risk is more significant. Either way, your doctor has an obligation to explain the risks and help you determine if whether the benefits outweigh the risks.

Is there a time limit for filing my claim?

It depends on the state, but the time limit is typically between six months and two years. Also, depending on where you live, there are different events that are considered the start of your claim. In some states, the time limit starts from when the incident occurred. In other states, it is when you became aware of your injury.

The differences in time limitations make talking to an attorney critical to your case. A lawyer skilled in medical malpractice can help you understand how much time you have to file a claim and the steps you need to take to make sure time has not run out.

Contact An Attorney Right Away

Dealing with medical malpractice injuries is difficult and expensive. Talk to an attorney right away to learn more about your rights in New York. Call our free Injury Answerline® at 1-877-4-MED-LAW or contact us online.