You should contact another doctor if you are injured due to medical malpractice. Then, get legal help to start a medical malpractice case. You may be eligible for compensation for bills as well as additional damages for lost income, pain and suffering, and other losses.
First, Consult a Doctor
Medical malpractice injuries range from minor to life-threatening. Your first action should be to seek a second opinion and receive treatment for your injury. In order to file a malpractice case, you have to understand the extent of your injuries.
Rectifying a doctor’s mistake could involve any of the following:
- Diagnostic tests
- Corrective surgery
- Prescription medication
- Aggressive treatment
- Medical devices
- Physical therapy
What you need to recover depends on the type of malpractice you suffered. For instance, a failure to diagnose could mean you must undergo more invasive care to treat a problem. If objects were left behind after surgery, you may need an additional surgery to remove them.
In some cases, you may also need extra support for your mental health after a malpractice incident. Psychic trauma is part of your injury, and you deserve treatment for it.
Certificate of Merit
Consulting medical care is also part of the steps necessary to file a malpractice suit. New York requires a document called a certificate of merit (CPLR § 3012-A). This outlines:
- The grounds for your malpractice claim
- That a lawyer reviewed the case
- That a doctor verifies your claim’s merit
In other words, you need to file paperwork showing you are backed up by legal and medical authorities. Having a doctor check out your injuries and justify your concerns lays the groundwork for your case.
Next, Talk to a Lawyer from Our Firm
Medical malpractice is a notoriously challenging area of injury law. Doctors sometimes must make split-second decisions. Some patients react to procedures in ways physicians can’t anticipate. Mistakes do happen. In fact, Johns Hopkins Medicine reports that medical errors cause 10 percent of all deaths in the U.S.
However, not all doctor errors are simply part of the job, and, after getting medical help, a lawyer from our firm should be at the top of the list of who to contact if you are injured due to medical malpractice. A medical malpractice lawyer from Rosenberg & Gluck, L.L.P. can help distinguish your case as an example of negligence.
Medical malpractice representation helps with:
- Drafting a certificate of merit
- Scheduling appointments
- Obtaining evidence
- Consulting medical experts
- Translating medical and legal terms
- Communicating with the other party
- Filing a lawsuit on time
You can get in touch with our team immediately after realizing you were the victim of malpractice. You don’t need to wait until you are locked in a battle with a doctor’s insurer or attorney. A lawyer from our firm can handle your case from the start.
Statute of Limitations
Contacting legal support can also help you better understand how much time you have to file a lawsuit. Generally, New York medical malpractice victims have two and a half years from the date of the mistake to file a lawsuit (CVP § 214-A). However, some factors can change your deadline.
Additionally, our team can make sure the certificate of merit is submitted on time. It must be filed within 90 days of the lawsuit filing.
Yet you shouldn’t have to worry about these paperwork deadlines while recovering. Contacting a lawyer with our team can take that burden off of you.
Report to the State Regulatory Board
You can lodge a complaint of misconduct against the negligent doctor with the New York State Department of Health. This would lead the Office of Professional Medical Conduct (OPMC) and its board to investigate your case.
These types of complaints range from doctors not providing records to a patient to working while drunk. This process is separate from your lawsuit; its results don’t necessarily have a bearing on your case’s outcome.
That being said, it can provide additional support for your case if the OPMC finds the doctor guilty of misconduct. After all, the OPMC is a professional body, and it can lend authenticity and validation to your story.
Reporting Doesn’t Equal Compensation
It’s important to remember that filing a complaint with the New York State Department of Health is not the same as filing a lawsuit; those are two separate paths. This is particularly important with regard to damages. The OPMC won’t order the negligent doctor to pay for your medical bills, lost income, or pain and suffering.
To pursue compensation for what you suffered physically, financially, and personally, a medical malpractice lawyer with our firm can negotiate with the negligent party and either settle or take the case to trial.
If You Were Hurt by a Negligent Doctor, Call Us
Who to contact if you were injured by medical malpractice is both a medical and a legal concern. First, get the medical care you need, then call Rosenberg & Gluck, L.L.P. for legal support.
We pursue compensation to cover your losses and offer help for Spanish-speaking clients. Don’t get bogged down in paperwork or confused by the negligent party’s medical jargon. Call us today for a free case review: (631) 994-1910.
