Difference between medial malpractice and negligence?

September 29, 2017

Question

I have a claim against the city. I already submitted the intent to sue and gave initial testimony to a city attorney. The SOL are set to expire in 3 weeks and I don't have a lawyer yet. With that in mind, I'm thinking I might have to file a claim on my own if I don't find a lawyer in time. I'm unclear on what the difference between malpractice and negligence. Can I put them both down on a complaint? How specific do I need to be on the complaint?

Answer

Your case against the New York Health & Hospitals Corporation will need a Summons & Complaint filed before the statute of limitations runs out. Do not miss this deadline! Medical malpractice means a departure from the standard of care, resulting in injury, and requires certification by an expert that this has occurred. If you have a viable case, you owe to yourself to do this the right way, with an experienced med mal attorney.


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