Do You Have a Malpractice Case? Signs to Watch For

Most people trust their doctors. And most of the time, that trust is well placed. But when something goes wrong, it can leave you confused, angry, and unsure of what to do next. Not every bad outcome means a doctor did something wrong. But if you think your provider made a serious mistake that caused you harm, you might have a malpractice case.

Medical malpractice occurs when a healthcare provider fails to follow accepted medical standards, resulting in injury or death. These cases are often complex, but certain signs can indicate whether you should look into it further.

Signs You May Have a Malpractice Case

You received a drastically different second opinion. If you went to another doctor and were told your condition was misdiagnosed or mistreated, that may be a sign that something was missed the first time. This can be a red flag that your original provider failed to meet the standard of care.

Your condition got worse after treatment, not better. Some conditions are difficult to treat, and not every medical intervention is effective. But if your health declined due to an error, such as a botched surgery, wrong medication, or failure to treat a known issue, that could point to malpractice.

You weren’t informed of risks or alternatives. Doctors are supposed to explain the risks of treatment and get your informed consent before proceeding. If you weren’t told about the risks or given a chance to choose a different option, that can be a basis for a claim.

There were long delays in diagnosis or treatment. When timing is critical, delays can cause serious harm. If a provider ignored your symptoms, failed to order proper tests, or waited too long to act, and that delay caused your injury to worsen, it may rise to the level of malpractice.

There was an obvious mistake. Some errors speak for themselves, such as performing surgery on the wrong body part, leaving a surgical tool inside a patient, or administering the wrong medication. These are strong indicators of negligence.

How to Move Forward

If you notice any of these signs, start by gathering your medical records. These are critical in showing what care was provided and whether it fell below accepted standards. Make note of your symptoms, conversations with doctors, and the timeline of events.

Medical malpractice lawsuits in New York must generally be filed within two years and six months from the date of the malpractice or the date of the last continuous treatment. There are exceptions, but the clock starts ticking quickly. It’s best to act sooner rather than later.

You will also need a certificate of merit to file a case in New York. That means a qualified medical professional has reviewed the facts and agrees there is a reasonable basis for the claim.

Contact Silberstein & Miklos for a Free Case Review

If you believe you were harmed by medical malpractice, you deserve answers. At Silberstein & Miklos, we take every claim seriously. We listen to your story, consult with medical professionals, and aggressively pursue justice for victims of medical negligence. Contact us today to schedule a complimentary consultation and determine if you may have a case.