
If you have experienced an injury due to the negligence of a medical professional in the state of New York, you may be able to file a medical malpractice claim against the at-fault healthcare provider. In order to start a medical malpractice suit in New York, it must be discerned whether your claim has merit and proper certification must be obtained. What this means is that your lawyer has consulted with a physician, that on the basis of that consultation a reasonable basis for a lawsuit exists, and that a document, a Certificate of Merit, certifying this is filed timely.
- Discern Whether You Have a Medical Malpractice Suit
- Select the Right Medical Malpractice Lawyer
- Obtain a Certificate of Merit in New York
- Inform the State Authorities
- Talk to a Lawyer About Starting a Medical Malpractice Suit
Discern Whether You Have a Medical Malpractice Suit
Before you start a medical malpractice lawsuit in New York, it is important to assess your situation. You should be aware that not all injuries associated with medical treatment in New York are necessarily indications of medical malpractice. In order to build a successful medical malpractice claim, a lawyer must be able to show that:- You had a doctor-patient relationship with a medical professional.
- The medical professional took an unreasonable action or inaction while providing you with care.
- The medical professional directly caused your injuries.
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Select the Right Medical Malpractice Lawyer
Medical malpractice cases are very technical and typically are vigorously defended by the insurer and defense lawyers for the doctor, hospital or other healthcare provider claimed to be at-fault. A non-lawyer, or even a lawyer not experienced in medical malpractice cases, would be at a tremendous disadvantage if he or she did not retain experienced, dedicated legal counsel. Such a disadvantage could result in an unfavorable case outcome, or even losing a case, that may have been successful had it been prosecuted by the right law firm. As you proceed along your process of deciding which law firm to retain, you should ask them questions such as:- How many medical malpractice cases the law firm has handled.
- The number of successful medical malpractice cases they’ve had.
- If they have medical experts they regularly work with.
Obtain a Certificate of Merit in New York
In order to file a medical malpractice claim in New York you must obtain a Certificate of Merit, according to the New York State Assembly. This applies to cases involving:- Medical malpractice
- Dental malpractice
- Podiatric malpractice
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Inform the State Authorities
In some instances of medical negligence, contacting the state authorities that regulate the licensing of health professionals regarding the circumstances that caused your injury can be helpful to a case. If the state agency chooses to investigate the matter, their findings may provide additional evidence that is helpful to a case. However, it is best to work with your malpractice lawyer to determine whether or not such reporting is indicated in your case and if so, how best to proceed. Your filing with a state agency related to the claim of malpractice could also be evidence in a case, so it is important that it be done very carefully.Complete a Free Case Evaluation form now
Talk to a Lawyer About Starting a Medical Malpractice Suit
In order to start a medical malpractice suit, it is most prudent to consult with an experienced and dedicated medical malpractice lawyer. The lawyer will take all the necessary steps to investigate your claim, so as to gather the necessary evidence to build a compelling case. certificate of merit and begin working with a medical malpractice lawyer. You will also need to speak with a medical professional to determine if your case could be resolved in your favor. Start getting the help you need by reaching out to Friedman & Simon, L.L.P. at (516) 932-0400 for a free initial consolation. Our staff is able to assist clients in Spanish, Greek, Bengali, Tamil, and Kannada.Call or text (516) 932-0400 or complete a Free Case Evaluation form