There are a number of stages involved in a medical malpractice case. Because it can be such a complicated and time-consuming process, it is best to seek legal counsel from the start. A New York medical malpractice lawyer can help determine the validity of your claim and how you should proceed with it.
Medical Malpractice Stages
The first stage of a medical malpractice case is determining if you have one. Consulting with a knowledgeable, experienced lawyer can help you know if it is worth the time and effort that will be involved.
To do this, a lawyer will analyze the details of your case to see if there was an act of negligence on behalf of a medical professional. This means that a doctor, nurse, pharmacist or another healthcare worker acted in a way that was careless or reckless.
Then the lawyer will consider the injuries you have suffered. There must be recoverable damages stemming from your injury to make a claim worth it. For instance, if you lost income, incurred medical expenses, experienced pain and suffering or other losses, these would be considered recoverable damages.
Finally, a lawyer will need to establish that a link exists between the act of negligence and the resulting injuries. If it is believed there is a case, it will move into the next stage.
The next stage is when the investigative work is done. A lawyer will review all of the documentation related to your care and injuries. This may include records from a hospital or doctor. This will all depend on where you received treatment and who was responsible for providing it.
For instance if you were injured after receiving the wrong medication, your prescription will be reviewed. If you suffered a perforated organ after undergoing surgery, hospital records will be analyzed.
Once your lawyer has gathered all of the information necessary for your claim, they will usually call upon a medical expert. The expert will also look at the same documentation and provide feedback.
Next is the discovery stage. Both sides will have the opportunity to look at each other’s records and information. The injured party and the defendant will be questioned by the other side’s attorney.
The next stage is trying to reach a settlement. There may be a time of negotiating before one is reached. Generally, both sides do not like to see a case get drawn out, but there is no guarantee that a settlement will be reached.
If a settlement cannot be reached, the final stage is a trial. Both sides will present their evidence and arguments. Then a jury or judge will usually decide the verdict. A medical malpractice case can drag on for a long time. It is one of the more complicated areas of the law and many times requires experienced legal counsel.
Contacting a New York Medical Malpractice Lawyer
If you believe that a medical professional acted in a negligent manner and it caused you or a loved one to sustain serious injuries, it would be in your best interest to discuss your case with a lawyer as soon as possible. They will take the time to carefully analyze the details and help determine if you should proceed with your claim.
Do not delay in learning what your rights are, as there is a limited time in which you can pursue a claim of this nature. Contact a lawyer at Gacovino Lake & Associates. Our law firm serves residents of the 5 boroughs and clients nationwide. For experienced help with your claim, contact us today – 1-800-246-4878.