January 2, 2025 | Reading Time: 7 min Experiencing a medical malpractice injury can be a life-changing and overwhelming experience. When you trust healthcare professionals to provide you with the best care, it’s upsetting when that trust is broken. You may feel confused, vulnerable, and unsure of what to do next. Taking the right steps after a medical malpractice injury is important, not just for your health, but for protecting your legal rights and future.
If you or a loved one has been a victim of medical malpractice in New York, understanding your rights is critical in ensuring you receive fair compensation for your injuries.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to meet the expected standard of care, resulting in harm to a patient. Malpractice can happen due to errors in diagnosis, treatment, aftercare, or health management. Common forms of medical malpractice include:
- Surgical Errors: Mistakes made during surgery, such as operating on the wrong site or leaving foreign objects inside the body.
- Misdiagnosis or Delayed Diagnosis: Failure to diagnose a condition or misdiagnosing it, leading to delayed or incorrect treatment.
- Medication Errors: Prescribing the wrong medication, incorrect dosage, or failing to account for drug interactions.
- Birth Injuries: Injuries sustained by a newborn or mother during childbirth, often due to medical negligence.
- Anesthesia Negligence: Errors related to anesthesia administration that result in harm.
Identifying the type of malpractice is important because it will help determine your legal options and the next steps in seeking justice.
Seek Immediate Medical Attention
Seeking medical attention after a medical malpractice injury is important for both your recovery and protecting your legal rights. Early treatment helps identify any worsening symptoms or complications, reducing the risk of further harm. It also creates a record of your injury, which is important for building a strong case.
By visiting a doctor or specialist after medical malpractice occurs, you’ll have access to expert evaluations, treatments, and necessary referrals you might have otherwise missed. Plus, having records from all treatments and follow-up care strengthens your case and ensures that your health is prioritized. Without proper medical attention, there is a risk of long-term damage and difficulty in proving negligence occurred.
Gather and Document Evidence
When pursuing a medical malpractice claim, detailed and organized documentation is essential to a successful case. Here are some valuable pieces of evidence that can be utilized to strengthen your claim:
- Obtain Medical Records: Collect all relevant documents, including test results, medical history, prescriptions, and records of conversations with healthcare providers.
- Keep a Personal Record: Make detailed notes of the incident, including dates, times, healthcare providers involved, and specifics of the malpractice. This will help create a clear timeline of the events.
- Photographs: Take photographs of any visible injuries or physical evidence of malpractice.
- Journal Your Symptoms: Record any changes in your physical or emotional health following the incident by keeping a pain journal. Include any new symptoms, pain, or psychological impact, such as stress or anxiety.
This evidence will be important when discussing your case with your attorney and preparing your legal claim.
Consult With An Experienced Medical Malpractice Attorney
Medical malpractice law is complicated, with specific rules that vary from state to state. In New York, the process for handling malpractice claims is especially complex. To ensure your case is handled properly, it’s important to consult with an experienced medical malpractice attorney. Here’s how an attorney can help:
- Evaluate Your Case: They can assess the details of your injury to determine if you have a strong medical malpractice claim based on negligence or substandard care.
- Consult Expert Witnesses: They can connect you with medical experts who can provide opinions on whether the standard of care was violated.
- Negotiate Settlements: They can negotiate with the healthcare provider’s insurance company to get you a fair settlement that covers medical costs, lost wages, and pain and suffering.
- Represent You in Court: If a fair settlement cannot be reached, your attorney may suggest filing a formal lawsuit with the courts and seeking compensation through trial.
Your medical malpractice attorney will guide you every step of the way, explaining the legal processes, potential outcomes, and timelines. This ensures you fully understand what to expect.
Be Wary of The Insurance Company
After a medical malpractice incident, the insurance company will often reach out to you to request a statement, offer a quick settlement, or even attempt to downplay the severity of your injuries. While speaking to the insurance company directly seems like an easy way to settle the matter quickly, it’s important to avoid discussing any intricate details of your case with them. Insurance companies are skilled at minimizing payouts and can use anything you say to undermine your claim, potentially jeopardizing your case.
Always consult with your attorney before communicating any important information with insurance representatives, as any details outside of the facts of the case can result in a minimized settlement for your injuries.
Understand The Statute of Limitations
In New York, there is a specific time frame—known as the statute of limitations—for filing a medical malpractice lawsuit. Generally, you have two and a half years from the date that the malpractice occurred or from when the injury was discovered to file a claim. However, this time limit can vary depending on several factors, such as when you first became aware of the injury or whether a government entity was involved in your medical care. In some cases, the statute of limitations may be extended or shortened based on these circumstances.
It’s important to understand that if you fail to file your lawsuit within the statute of limitations, you may lose your right to seek compensation entirely. The rules surrounding these time limits can be complex and subject to exceptions, so it’s important to consult with an experienced attorney as soon as possible. A lawyer can help you navigate these legal deadlines and ensure that your case is filed on time, giving you the best chance to pursue the compensation you deserve.
Take Care of Your Emotional and Mental Health
The effects of medical malpractice go beyond just physical injury; they can also have a major impact on your mental and emotional health. Stress, anxiety, depression, and trauma are common responses to the shock of a malpractice injury.
During this challenging time, it’s important to prioritize your mental health. Consider seeking support from a therapist or counselor, joining a support group, or leaning on trusted family and friends. Taking care of your mental health is key to your overall recovery and will help you handle the challenges of the legal process more effectively.
Contact Cellino Law
The financial impact of medical malpractice can be overwhelming, from mounting medical bills to lost wages and ongoing care costs. A successful medical malpractice claim can help alleviate these burdens by securing compensation for your expenses, pain, suffering, and emotional distress.
At Cellino Law, we understand the significant effects that malpractice injuries can have on your life. Our experienced attorneys are committed to building a strong case that fully demonstrates the extent of your suffering, ensuring you receive the compensation you deserve.
If you or a loved one has suffered a medical malpractice injury, don’t hesitate to reach out for a free consultation. Contact Cellino Law at 888-888-8888 to speak with one of our attorneys today. Let us help you take the first step on your path to recovery.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.