How to File a Medical Malpractice Lawsuit

Medical malpractice lawsuits are filed when a patient is injured or killed by the negligent actions of a healthcare worker. This includes doctors, nurses, surgeons, and other medical professionals. If you believe that you have been a victim of malpractice, it is important to work with an experienced attorney who can determine the liable parties and help you obtain compensation.

The first step is to prove that the healthcare professional breached their duty of care to you as a patient. This means that they failed to provide the quality of care that another healthcare professional with comparable training would have provided in the same situation.

It is also necessary to show that this breach directly caused you harm. For example, a patient might have died if the doctor had not treated her symptom of sepsis in a timely manner. This element of causation is known as the “but for” test.

Next, the jury must decide what damages you deserve. This is often determined by the extent of your injuries. Awards for economic losses might include your past and future medical bills, lost wages, and other expenses. Non-economic awards can cover things like pain and suffering, loss of enjoyment of life, and mental anguish.

Malpractice claims can be complex and involve expert witnesses. A lawyer may be able to help you obtain medical records and other evidence needed to support your case. They can also file a claim with the healthcare provider’s insurance company on your behalf.

Once your attorney has concluded their investigation and believes that you have a viable case, they will prepare a complaint. This document clearly states your allegations against the defendant healthcare professional, and must be served on them in a particular way. In addition, your lawyer will typically submit a certificate of merit to the court. This document demonstrates that your attorney has carefully evaluated your case, has consulted with a minimum of one other healthcare professional on the details of your case, and is confident that you have a strong malpractice case.

If your attorney is unable to negotiate a settlement with the liable party, you can file a medical malpractice lawsuit in court. Your attorney will defend your rights and fight for maximum compensation on your behalf.

Medical malpractice cases are some of the most difficult to pursue due to their complexity and the requirement of proof of negligence. A seasoned New York medical malpractice lawyer can help you determine if you have a valid claim and guide you through the legal process. Contact us today for a free consultation.