Experiencing complications after a medical procedure or treatment can be distressing, especially if you believe your healthcare provider’s negligence played a role. Medical malpractice occurs when a doctor, nurse, or other healthcare professional fails to provide proper care, resulting in harm to the patient. If you suspect medical malpractice in New York, knowing what steps to take can help you protect your health, gather evidence, and improve your chances of receiving compensation.
Below are the essential steps you should follow if you believe you’ve been a victim of medical malpractice.
1. Seek Medical Attention Immediately
Your health should always be the top priority. If you’re experiencing unusual symptoms, severe pain, or worsening conditions following a procedure, consult a different healthcare provider as soon as possible. This step is crucial for two reasons:
- Protecting Your Health: A new doctor can assess your condition, identify any complications caused by negligence, and begin appropriate treatment to minimize further harm.
- Documenting the Damage: Medical records from your follow-up care can serve as critical evidence in a malpractice claim. These records may help prove that your initial provider’s negligence caused or worsened your condition.
When seeking new medical care, explain your symptoms and concerns without directly accusing your previous provider of malpractice — focus on receiving the necessary treatment first.
2. Request Copies of Your Medical Records
Obtaining your complete medical records is a crucial step in identifying whether malpractice may have occurred. Medical records provide detailed information about your diagnosis, treatments, medications, and the actions your healthcare provider took during your care.
In New York, patients have the right to request copies of their medical records under state law. Your request should include:
- Office visit notes and charts
- Lab test results
- Diagnostic imaging reports (e.g., X-rays, MRIs, CT scans)
- Prescription details
- Hospital discharge summaries
- Surgical reports (if applicable)
Be sure to request records from all providers involved in your care, including hospitals, clinics, and specialists.
3. Document Everything Related to Your Experience
Keeping detailed records of your experience can strengthen your potential case. Document the following information:
- Dates of doctor visits, treatments, and procedures
- Names of all healthcare providers involved in your care
- Medications you were prescribed and any side effects experienced
- Details of your symptoms and how they progressed over time
- Conversations with your doctor, including questions asked and answers received
Personal notes describing how your injury or condition has affected your daily life — such as pain, limited mobility, or missed work — can also provide valuable evidence for your claim.
4. Consult a Medical Malpractice Attorney
Medical malpractice cases are complex and often challenging to prove. Consulting with an experienced medical malpractice attorney in New York can help you determine whether you have a valid claim and what steps to take next.
A skilled attorney can:
- Review your medical records to assess potential signs of negligence
- Consult with medical experts who can provide testimony on standard practices and errors made
- Gather evidence, interview witnesses, and build a strong case
- Advise you on the appropriate steps for filing a claim in compliance with New York’s legal requirements
Since New York has strict deadlines for filing medical malpractice claims, it’s crucial to consult an attorney as soon as possible.
5. Understand New York’s Medical Malpractice Statute of Limitations
In New York, the statute of limitations for filing a medical malpractice claim is generally two and a half years (30 months) from the date of the alleged malpractice or from the end of continuous treatment for the same condition. However, there are exceptions:
- Foreign Objects: If a surgical instrument or foreign object is left inside your body, you have one year from the date the object was discovered (or should have been discovered) to file a claim.
- Minors: For patients under the age of 18, the 30-month period doesn’t begin until their 18th birthday. However, claims cannot be filed more than 10 years after the malpractice occurred.
- Wrongful Death: If a patient dies as a result of medical malpractice, the surviving family generally has two years from the date of death to file a claim.
Filing outside these deadlines may prevent you from pursuing compensation, so timely action is critical.
6. Consult with a Medical Expert
New York law requires that all medical malpractice lawsuits include a “Certificate of Merit.” This document, signed by your attorney, confirms that a qualified medical expert has reviewed your case and believes your healthcare provider acted negligently. Your attorney will typically arrange this review by consulting medical professionals who specialize in the type of care you received.
Medical expert opinions are often vital in proving that your provider’s actions deviated from accepted standards of care, which is essential in establishing negligence.
7. Do Not Communicate with the Healthcare Provider’s Insurance Company
If the healthcare provider’s insurance company contacts you, it’s best to avoid speaking with them directly. Insurance adjusters often attempt to minimize their company’s liability by offering low settlements or twisting your statements.
Instead, direct all communication to your medical malpractice attorney, who can handle negotiations and ensure your rights are protected.
8. Prepare for a Potential Settlement or Trial
Medical malpractice cases often involve extensive negotiations, and many are resolved through settlements before reaching trial. However, if your case does proceed to court, your attorney will prepare you for testimony, present expert witnesses, and argue your case effectively.
Compensation in a successful medical malpractice case may include:
- Medical expenses: Costs for corrective procedures, rehabilitation, and future treatments
- Lost wages: Compensation for time missed from work or reduced earning capacity
- Pain and suffering: Damages for emotional distress and reduced quality of life
- Wrongful death damages: If you’re filing on behalf of a deceased loved one
Contact Shafran and Rock for Your New York Medical Malpractice Case
Medical malpractice cases are complex, but with the right legal guidance, you can pursue justice and compensation for the harm you’ve suffered. At Shafran and Rock, we are dedicated to helping medical malpractice victims in Kingston, NY, and throughout the state.
If you suspect medical malpractice, don’t wait to take action. Contact us today for a free consultation, and let us help you understand your rights and legal options.
