Steps to Take in Filing a Medical Negligence Claim in New York
Ensuring your well-being is crucial for leading a fulfilling life. Patients rely on medical professionals for their health, anticipating quality care and expert advice. When a doctor breaches that trust by neglecting to diagnose or treat you, the consequences can be severe.
If you find yourself in this situation, New York City medical malpractice attorneys recommend seeking compensation by initiating a medical malpractice claim against the responsible healthcare providers. Such legal actions are intricate and demand a deep understanding of the law. It is essential to grasp the concept of medical malpractice before delving into the process of holding your healthcare provider accountable.
Common instances of medical malpractice include birth injuries, misdiagnoses like cancer, surgical tools being left inside a patient, and errors in anesthesia administration. If your health has been compromised due to a medical professional’s negligence, the following guidelines can assist you in filing a medical malpractice claim.
Understanding the Legal Procedures
Legal processes involve a significant amount of formalities. To initiate your claim, you must sign a formal complaint and a summons. Your attorney will also submit a certificate of merit, indicating that a medical expert has reviewed your case and found it valid. The Office of Professional Medical Conduct (OPMC) investigates claims of misconduct against physicians and their assistants.
The next step involves serving the summons to the defendant, who then has 30 days to respond. Failure to respond could lead to the court assuming the charges are admitted, strengthening your compensation claim. Legal fees are also part of this process. By filing a medical malpractice claim, you not only seek justice for yourself but also protect others from facing similar negligent acts.
Active Participation in the Legal Process
Your involvement can expedite the resolution of the lawsuit. Providing medical records that prove a doctor-patient relationship was established is crucial. This relationship signifies that you sought medical assistance from the defendant in a certified medical setting.
You will be required to give a sworn statement and respond to written inquiries. Additionally, you may undergo a medical examination at the defendant’s request. Both legal teams will engage in settlement discussions before reaching court, with the option of hiring a mediator to facilitate the process and reach a compromise.
Seeking Legal Counsel
Filing a medical malpractice claim is a meticulous process with stringent deadlines. Missing a step can lead to significant delays. In New York City, claims must be filed within two years and six months, as per the statute of limitations.
Having a skilled personal injury lawyer by your side enhances your chances of meeting all requirements and receiving proper compensation for your damages. Entrusting your case to a professional will alleviate stress and allow you to focus on your recovery. Contact a medical malpractice attorney today to evaluate your case and take the necessary actions.
