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What should you do if you have experienced medical malpractice?

When a patient is treated by a medical professional, there is chance that the patient may be harmed or injured as a result of the treatment. In some cases, patients can be misdiagnosed and in turn, receive unnecessary and harmful treatment. Doctors in the New York area are expected to adhere to a standard of care, requiring them to care for their patients in the proper way. Medical professionals who fail to do this may be guilty of medical negligence and should be held accountable for their actions.

If you feel that you have been given inadequate care, and have suffered as a result of it, you may be able to file a lawsuit against the parties responsible. If you decide to take action, you should follow some basic steps to make sure that you have the best chance possible of being successful in court.

Before taking legal action, you should contact the medical professional involved. By talking to him or her, you will give your doctor a chance to explain what may have gone wrong and determine if there is anything that can be done to fix it. Many medical providers are willing to work with you, in some cases for free, to find a solution.

You will also have to contact the licensing board responsible for medical licenses. They may not be able to require the doctor to compensate you, but they may be able to discipline the doctor if necessary. They may also be able to guide you and help you figure out your next steps.

Next, you need to make sure that you are still within the statute of limitations. A statute of limitations provides a time limit for you to bring your case to court. You should also get a medical assessment to determine whether you have a valid case. You may be required to file a certificate of merit to determine if your injuries were in fact caused by the health care professional who treated you.

Lastly, you will need to contact another physician or medical expert to review your case. You may also want to seek legal assistance to help determine whether your case is likely to be successful. By following these steps, you will have a better chance of recovering damages from those responsible for your suffering. In these matters, it is best to understand the process and how to move from one step to another. This will ensure everything is carried out properly and your rights and interests are protected.

Source: FindLaw, "First Steps in a Medical Malpractice Case," accessed on Dec. 30, 2014

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Michael J. Gaffney, Attorney at Law
1164 Victory Blvd.
Staten Island, NY 10301

Phone: 347-286-1937
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