Maintaining your wellbeing is vital to living a happy life. Patients entrust medical professionals with their health, expecting good care and valuable advice. When your doctor breaks your trust by failing to diagnose and treat you, you can experience devastating results.
NYC medical malpractice lawyers advise you to claim your rightful compensation by filing a medical malpractice lawsuit against negligent medical providers. Such cases can be complex and require extensive legal expertise. Understanding what medical malpractice means is vital before embarking on the lengthy legal journey against your healthcare provider.
Common types of medical malpractice involve birth injuries, failing to diagnose conditions such as cancer, leaving objects inside a patient during surgery, or anesthesia errors. Suppose your health suffers because of the negligence of a medical professional. In that case, the following steps can help you file a medical malpractice claim.
Understand The Legal Route
It is a well-known fact that any lawsuit implies a considerable amount of bureaucracy. A formal complaint and a summons are the first documents you must sign to register your claim. Additionally, your lawyer will file a certificate of merit. This document states that a medical professional has reviewed your medical records and determined that your claim has justification. The Office of Professional Medical Conduct (OPMC) is an administration that investigates complaints regarding physicians and their assistants when charges of misconduct occur.
The next step is arranging the serving of the summons to the person you are filing against. The defendant has 30 days to respond to the lawsuit. Otherwise, the court will assume that the defendant is admitting to all the charges, and they will validate your compensation claim. This process includes legal fees you must pay when registering your claim. Remember that when you are initiating a medical malpractice claim, you also help others by exposing the negligence of certain medical providers so that they won’t have to go through the same ordeal.
Stay Involved In The Process
You can help in the lawsuit to reach a faster resolution. You must provide medical records to prove that you and your doctor established a doctor-patient relationship. This means that you sought medical advice from your doctor at a hospital, clinic, or a place certified for medical practice.
You will be required to give a deposition and answer interrogatories in writing. Lastly, you will undergo a medical exam at the defendant’s request. Before going to court, the legal teams will exchange many settlement proposals. You might choose a neutral third party to mediate the discussions so both sides can set their expectations realistically and reach a settlement.
Seek Legal Advice
Filing a medical malpractice claim is a complex process requiring great attention to detail. Any missed step can lead to delays you can’t afford. In New York City, your case must be filed and settled or taken to court in two years and six months, according to the statute of limitations.
A qualified personal injury lawyer on your side will increase your chances of fulfilling the requirements and receiving total compensation for your losses. At the same time, knowing that your case is being handled professionally will give you peace of mind so you can concentrate on recovering your health. Contact a medical malpractice attorney today to discuss your case.