Hiring a lawyer for your medical malpractice claim in New York is not required, but an attorney can help you evaluate whether you have a viable claim. Not all bad results following medical treatment mean that you have been the victim of medical malpractice.
When you consult a qualified and experienced malpractice lawyer, he or she will perform a careful investigation of the facts and circumstances of your case including reviewing all medical records, consult experts in the specialized field of medicine involved in your treatment, file all claims in a timely manner and evaluate whether medical malpractice occurred.
Requirements for Filing a Medical Malpractice Case in New York
To file and support a medical malpractice claim a number of steps must be taken to determine whether you have a viable case. These steps will determine whether you have been the victim of malpractice and whether your injuries rise to a level of seriousness that justifies bringing the claim in the first place. A typical case evaluation may include the following:
- Perform a detailed review of your entire medical history
- Obtain all medical and hospital treatment records
- Interview family members
- Consult with medical experts
- Review medical journals and periodicals
- Determine the full nature of your medical injuries including permanency
- Assess the future medical costs of your injuries caused by the malpractice
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You Have a Short Window of Time in Which to File a Lawsuit
In every medical malpractice claim, there is a limited time for you to bring your claim. This time limit is known as the“statute of limitations”. In New York, the amount of time you have to act depends on your situation. That being said, there are exceptions that may alter the timeline of your case.
For instance, in some cases, if you underwent surgery and discovered an error months later, the statute of limitations may begin to run with the date of discovery, not the date the surgery was performed.
Other exceptions exist, and we can evaluate your case to determine how long you have to file. If you believe that you have been the victim of medical malpractice, it is imperative that you speak to a lawyer immediately. Failing to bring your claim by the deadline may result in your being prevented from recovering any compensation.
We Can Help You Prove Malpractice Occurred in Your Case
As malpractice lawyers with decades of experience, we will use our knowledge of malpractice laws to handle your case. We can gather expert testimony, build evidence of your injuries, and advocate for your rights.
In some cases, the evidence of malpractice in your case will be clear. For instance, if your doctor operated on the wrong limb, this is a straightforward scenario where a doctor made an obvious error. However, many acts of malpractice may not be as obvious as operating on the wrong limb, such as:
When negligence is not as obvious, expert analysis and testimony are necessary. Another qualified expert doctor will know more about the medical specifics of your case and can confirm that your doctor made an error that rises to the level that is considered malpractice. Moreover, they will be able to explain the specifics of the malpractice. It is the attorney’s job to seek out this expert testimony for you.
If the evidence we gather shows that you have been the victim of medical malpractice, the law entitles you to recover fair and just compensation for every type of damage including money for all past and future pain and suffering, past and future medical and hospital expenses caused by your injuries, all economic damage you suffered such as lost wages or other out of pocket costs resulting from the malpractice, and other damages.
We Can and Will Contest Challenges from the Other Party
Doctors rarely admit fault when accused of negligence, and you will face opposition from the other party. This may involve:
- Denying your version of events
- Downplaying your condition’s severity
- Claiming their actions were reasonable
- Blaming other staff
We will act as your advocate, negotiate with the other party, defend your claims, and shield you from confrontation. Moreover, we can employ arguments against these challenges.
For instance, the National Center for Biotechnology Information (NCBI) points out that a physician’s duty of care may be interpreted differently across cases and localities. A medical malpractice lawyer can identify the facts to help your case.
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Call Our Attorneys Now to Put Our Knowledge to Your Advantage
If you want a lawyer for a medical malpractice claim in New York, the team at Dansker & Aspromonte Associates will strive to pursue the best possible outcome for your case.
Contact us now to get started with your free confidential consultation. If we agree to accept your case, you will not be required to pay us any money upfront. We only earn a legal fee when you recover compensation for your injuries and damages.