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Can I file a malpractice claim against someone other than a doctor?


Medical malpractice claims are for when you are injured by any medical professional during the course of your treatment. Such a suit can be filed against any individual or entity that provides health care, including doctors, nurses, technicians, physical therapists, and optometrists.

It is not enough for a claim to simply show that there was an instance of medical negligence. This negligence needs to have directly led to your injuries. This may seem straightforward enough, but demonstrating this to a jury may necessitate expert medical testimony and considerable research done by your attorney.

Proving Causation is Key

To help show causation, or prove your case that the doctor's negligence resulted in your injuries, there are various forms of documentation you can show such as medical receipts, test results, doctor's notes, and other materials. Any of these can have originated from, or been handled by hospital staff other than doctors

A medical expert will likely be called in by your lawyer to help analyze your case from a medical perspective.

While you can file a malpractice claim against medical personnel other than doctors, you should bear in mind how long you have to file your claim before the statute of limitations expires for such claims. In New York, you have 30 months from the discovery of your injury to file a claim.

You should speak to a Nassau County personal injury lawyer well before 30 months have elapsed, otherwise no court will hear your claim and you will be unable to obtain compensation. Call the Law Offices of Charles R. Gueli to begin your claim today!

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