Your First Steps to Building a Medical Malpractice Case

Do I need a medical malpractice attorney to build a case?

If you have been injured due to the negligence of a medical professional, you may have a viable medical malpractice case. Doctors and other medical professionals are trained to diagnose and assist those with injuries or illnesses, but at times their care falls short of medical standards. Misdiagnosis, lack of consent, surgical errors, inadequate medical care, and other medical errors occur far more often than many of us realize.  Medical malpractice cases are among the most difficult legal actions to successfully bring. Those who have been injured due to suspected medical negligence should review the steps to building your case below, as outlined by our NYC medical malpractice lawyers.

Hire a Medical Malpractice Lawyer 

Your first step after suffering an injury should be retaining the assistance of a medical malpractice attorney. Medical malpractice cases are complex and require evaluation by a competent and experienced lawyer. Your attorney will be trained to assess the actions of your doctor to uncover evidence of malpractice. He or she will be able to walk you through the process of filing your case, hiring an expert in the field, and evaluating your damages. Without a lawyer, your case may be dismissed for untimeliness, a lack of evidence, or failure to correctly file. 

Gather Your Medical Records 

To build a strong and potentially successful medical malpractice case, your attorney will need to gather all medical records relevant to the action. However, you as the patient are entitled to a copy of your records and gathering them prior to seeing an attorney will help speed your attorney’s investigation of your case. An experienced attorney will gain a clearer picture of the case through these records. He or she will then use the records to obtain a medical professional to act as an expert in the case. Finding a medical expert can be quite difficult, and the strength of your medical expert can make or break the case.  

Filing Your Complaint 

With your attorney hired, records gathered, and medical expert-selected, you can file a formal complaint in court. Your attorney will complete this complicated part of the process for you. Your complaint must be filed in the correct court with the correct procedures in order for the case to move forward. Get started preparing for your case as soon as possible after your medical injury in order to preserve your legal rights.

About the Author
Of all the different areas in medical malpractice, it is podiatry malpractice that has had a particular interest to me. With 42 years practicing law and representing hundreds of victims of malpractice, I have created a law practice in which my clients are comfortable knowing that their case is being handled with my personal attention, in the most professional manner, and without unreasonable delays.