Malpractice Medical malpractice is the failure of a doctor or other health professional to provide reasonable care in medically treating his/her patient. Failure to use reasonable care arises from a doctor failing to do something that a reasonably careful doctor would have done for his patient, or, on the other hand, doing something that a reasonably careful doctor would not have done. In New York, as a general rule, you have 2 ½ years to sue a doctor, hospital or health provider from the time of the alleged medical malpractice.. However, important exceptions apply, so if you are even considering a malpractice claim, contact our office immediately. A bad result from a medical procedure is not necessarily malpractice. Medicine is an imprecise field and quite often, a "bad result" turns out to be an acceptable risk of the medical procedure, rather than medical malpractice. Contrary to what most people believe, a doctor is not responsible for what turns out in hindsight to be an error in medical judgment if the doctor made that judgment at the time after careful evaluation of all the relevant facts and if it was a medical judgment that a reasonably careful doctor could have made under the same circumstances. In order to prove a case for medical malpractice, it must be shown that the doctor failed to use reasonable care in the medical treatment of his/her patient or departed from accepted medical practice in providing such medical treatment, and that the failure or departure was a substantial factor in the patient suffering a serious injury. IF YOU BELIEVE THAT YOU MAY HAVE BEEN SERIOUSLY INJURED BY THE MEDICAL MALPRACTICE OF A DOCTOR OR OTHER HEALTH PROFESSIONAL... CALL OUR OFFICE IMMEDIATELY SO THAT OUR ATTORNEYS MAY CAREFULLY EVALUATE THE FACTS AND CIRCUMSTANCES OF YOUR CASE, AND, IF APPROPRIATE, FILE A LAWSUIT ON YOUR BEHALF.