Four surgeons in blue surgical scrubs, masks, and caps are performing surgery in a brightly lit operating room equipped with medical instruments and monitors. The scene is professional and sterile, indicating a high-stakes medical procedure.

If you are someone who recently went to a doctor for medical assistance, and that doctor found a medical issue that required the attention of a specialist, he or she is legally obligated to refer you to a specialist. When a doctor fails to refer his or her patients to specialists timely, oftentimes, their medical condition will worsen. If you are someone who required the attention of a specialist and your physician failed to refer you, there is a very good chance you may qualify for financial compensation. Please continue reading and speak with our knowledgeable Westchester County personal injury attorneys to learn more about medical malpractice cases, what it takes to win one, and how we can help you through the legal process ahead. Here are some of the questions you may have:

How do I file a medical malpractice lawsuit against a physician?

If you are looking to sue a physician for an incident of malpractice, the first thing you will have to do is hire an experienced Westchester County personal injury attorney at your side who can get the ball rolling. Our firm is here to help. First, we will have to establish that you were, in fact, the doctor’s patient, and that he or she, therefore, owed you a duty of care. From here, you will have to prove that the physician in question diverted from the accepted standard of care, breaching his or her duty of care, and that your medical condition worsened, and that you suffered significant damages as a result. This is not always easy, which is why you need an attorney who has been helping victims of medical malpractice for years.

How long will I have to sue a doctor in New York State?

The statute of limitations for personal injury claims in New York is, generally three years, however, if you are someone who is looking to sue a medical professional in a medical malpractice lawsuit, you will have even less time to do so. Generally, the statute of limitations for medical malpractice claims in New York is 2.5 years, giving you 2.5 years from the date of your accident to sue the doctor responsible. Do not wait past the statute of limitations, for if you do, you will most likely be time-barred from suing. Our firm is here to help you through every step of the process ahead–give us a call today so we can get started.


Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. We understand how challenging life can be without financial compensation for serious injuries you have wrongly sustained. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.