Ask an Attorney for Help When Filing a Dental Malpractice Claim in New York

Delay or failure to diagnose an illness, misdiagnosis, wrong site surgery, and other forms of dental negligence are subject to a claim. In New York, victims can get a malpractice attorney to help them seek compensation for injuries, lost wages, medical expenses, and physical or emotional pain and suffering caused by the healthcare practitioners and institutions in charge.

With legal assistance, victims can be guided on the steps they should take to receive a proper and fair settlement. A medical malpractice attorney can help evaluate the strength of a claim, file a case against the right party using the necessary documents, gather important evidence, and present sound legal arguments to support an allegation, among other tasks.

The attorney can also help victims make sure they file the case at the right time. In New York, malpractice claims have to be filed by the attorney within the statutory time period of 30 months or two and a half years from the date of act that resulted in injury.

There are also certain exemptions to the state’s statute of limitations. Malpractice claims based on presence of foreign object in the body of a patient should be filed within one year from the date the object was discovered. Additionally, for medical negligence that happened in a municipal hospital or clinic, the victims only have 90 days from the date of malpractice to file a claim. If an injury was discovered beyond the 90-day restriction, a lawyer can help them take necessary actions such as filing a late notice of claim.

Filing a case against doctors, nurses, hospitals, and other healthcare practitioners and institutions because of medical negligence can be difficult, as it involves complicated legalities, processes, and technicalities. Furthermore, because each case is unique and requires special attention to detail, the persons concerned should seek legal counsel to make sure all possible options and actions are considered before pursuing a claim.