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Do I Have A Medical Malpractice Case?
Perhaps you believe that your doctor misdiagnosed your serious illness. Or you suspect that an obstetrician’s error resulted in your baby’s birth injury. Maybe lingering pain after back surgery makes you wonder if something went wrong that you are not being told the truth about.
In a health care situation such as these examples, how do you know whether you have a valid medical malpractice complaint? Before you had surgery or underwent other treatment, you signed an informed consent release form, stating that you understood the risks involved. The human body is not a robot or machine but a living organism that can change often. So how do you know if your suspicions of medical malpractice amount to anything?
Indications That Medical Errors Occurred
A simple answer to the question of “Do I have a malpractice case?” for purposes of this website may be as follows:
- When medical experts independently review your medical records and conclude that serious mistakes were made — and it can be shown that those mistakes caused you pain, suffering and financial losses, then you may have a case.
- When a doctor, nurse, therapist or hospital has failed to take your complaints seriously, and the result is a worsened, life-threatening condition, you may have a case.
- When a doctor or other health care professional has failed to follow accepted standards of care, and the result is loss and injury to you, then you may have a case.
Keep in mind that the statute of limitations “clock” is ticking away as you decide whether to discuss your case with an attorney. The sooner, the better. Once you have your case evaluated for potential New York medical malpractice, attorney knowledge and experience can give you a clearer idea as to whether you have a case.

Ready to Take the Next Steps?
Smiley & Smiley, LLP, provides free initial consultations and we are available 24 hours a day, seven days a week to our clients. Our office is conveniently located at 28 Liberty Street, 6th Floor, New York, NY 10005. Our staff includes speakers of Spanish and Haitian Creole.