July 20, 2023

What to Do if You Think You’ve Been a Victim of Medical Malpractice

Posted in Medical Malpractice

We expect our doctors and medical professionals to always work with the utmost care for their patients. Unfortunately, this isn’t always the case. While accidents happen in every profession, mistakes in someone’s health care can have long-lasting and potentially life-threatening consequences. Medical malpractice is a significant cause of patient death and severe harm yearly in the United States.

If you believe that you or a loved one has been the victim of medical malpractice, there are some factors you need to consider before filing a claim or lawsuit. At Hecht, Kleeger, & Damashek, P.C., we’ve compiled a list of five critical steps to take if you believe you or someone you know has been a victim of medical malpractice in New York:

1. Consult With a Lawyer

Before you spend any time building a medical malpractice case, you should make sure that you have one. Medical malpractice can be challenging to prove. Research and talk to a medical malpractice attorney about your potential case. Many law firms offer free consultations so that you can discuss your case without any financial or legal commitments.

An experienced and knowledgeable medical malpractice lawyer will know whether you have a valid case. If you do, they can help you take legal action against the negligent medical professional(s) and secure the compensation you need to recover.

Here are some helpful resources about medical malpractice in New York to get started:

• How to Prove that Medical Negligence Occurred
• Study Finds 12 Million Patients Misdiagnosed in Outpatient Care Annually
• Report a Physician to the New York Department of Health
• New York Medical Malpractice Statute of Limitations
• What is a Standard of Care?

2. Document the Malpractice

If you or a loved one have been the victim of medical malpractice, document the malpractice as soon as possible. This means documenting anything related to the incident, including:

• Lab results
• Doctor notes or conservations
• Appointment information
• Time and date of the malpractice
• Medical records
• Surgeries
• Prescribed medicines

The more details you can remember, the easier to prove that malpractice has occurred.

3. Conduct an Investigation

Your attorney will help you gather evidence of your incident and begin a formal investigation. This could involve directly speaking to officials at the hospital or other locations where the malpractice took place. We can ensure crucial documents are secured by state authorities to benefit your claim or lawsuit. If necessary, we can inform the proper agencies about your medical malpractice incident, so they can conduct their own investigation and review the doctor’s licensing.

4. Refer to Medical Experts

An attorney with years of experience will likely know much about medical malpractice cases. However, every case is unique and often requires additional resources to supplement it.

Attorneys must consult with at least one healthcare physician to file an Affidavit of Merit (also known as a Certificate of Merit) in New York. This document proves your attorney consulted with a physician to ensure that another healthcare professional would not have reasonably acted the same way as your negligent doctor.

You deserve the fullest evaluation of your damages, and our attorneys can consult with additional healthcare professionals to help you determine the medical malpractice’s impact on your future. Medical experts can also testify during the trial, providing crucial insight into your case and the extent of your damages. That way, you can recover the maximum compensation possible.

5. File a Medical Malpractice Claim or Lawsuit

Your medical malpractice lawyer will assist in building your claim and can take your case to court if necessary. In most cases, victims of medical malpractice in New York have 30 months to file a lawsuit against the negligent healthcare provider. A lawyer will ensure your case is filed within this statute of limitations so that you don’t miss out on the opportunity to recover.

Our dedicated and established trial attorneys can represent you in court and fight to bring you a desirable settlement—just like we have for countless other victims. We will fully prepare you for trial and advocate on your behalf. Together, we can enact real change in the medical field and deliver justice after you and your family were wronged by a negligent doctor.

Call a New York Medical Malpractice Lawyer at HKD

An incident where a doctor fails to provide you with the proper health care can be devastating for you and your loved ones. You may face additional medical bills, lost wages, and other damages because of someone else’s negligence. With the help of an experienced New York medical malpractice attorney at HKD, you can obtain the compensation you need and protect future patients from the harm you endured. Our attorneys will stand by your side throughout the entire legal process so you can focus on recovering.

Schedule a free consultation with a compassionate medical malpractice attorney at HKD when you call (212) 490-5700 or fill out our contact form today.