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.

Those of us who live in New York State are fortunate enough to have access to some of the best doctors in the world. For this very reason, most of us do not feel worried when trusting a doctor to treat our illnesses. That being said, there are times where doctors do not live up to the standard of care that we deserve or that they are legally obligated to provide. When this happens, serious injuries can occur. While in many cases, these injuries are a result of medical malpractice, there are also times where they are the result of medical negligence, and it is important that you understand the difference between the two. Please continue reading and speak with our New York medical malpractice attorneys to learn more about these claims and how our firm can help you. Here are some of the questions you may have:

What makes medical malpractice different from medical negligence?

Medical malpractice is different from medical negligence because medical malpractice involves intent. When a doctor commits malpractice, it means he or she knowingly breached the duty of care by intentionally diverting from the standard course of treatment, thereby harming his or her patient and causing that patient to incur significant damages as a result. That being said, medical negligence is when a doctor breaches his or her duty of care by making a mistake and harming his or her patient as a result. Though you may pursue compensation for both instances, there is a clear distinction between the two, which is why you must hire an experienced Westchester County personal injury attorney who can determine the cause of your injuries, and from there pursue a strategy that best fits your circumstances.

How long will I have to sue a doctor for medical malpractice/negligence in New York State?

After being harmed by a doctor, either in an incident of medical negligence or medical malpractice, you will have to file your claim within the state’s statute of limitations. Though in many cases, the statute of limitations for personal injury claims in NYS is three years, this is not the case for malpractice claims. The statute of limitations for medical malpractice claims in New York is, generally, 2.5 years, which means that you will have 2.5 years from the date of your accident to sue the liable doctor. We are here to help you today.


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.