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Should you file a medical malpractice suit?

You sought medical care for an injury or an illness, but it seems that the doctor who treated you just made things worse. What should you do? In many cases, it may be in your best interest to file a medical malpractice suit. A number of patients who have been harmed or injured as a result of a medical provider's negligence have filed successful medical malpractice lawsuits and recovered damages from those responsible.

How do you know if you are the victim of medical malpractice? Health care providers are supposed to provide proper medical care to the patients that walk through their doors. The doctors, nurses, technicians and hospital workers are held to the highest standard of care when treating patients. However, sometimes these professionals do not behave appropriately when treating patients. Misdiagnosis of a condition, lack of consent, poor medical treatment, and breach of doctor-patient confidentiality can all lead to harm and injury of a patient.

If you believe that you have been a victim of medical negligence, your first step will be to contact the doctor who handled your case before you file the claim. You want to discuss what went wrong and what can be done to fix it. Medical providers are sometimes willing to provide services to correct the problem free of charge. However, if this doesn't work, you may want to contact the medical licensing board. They may able to guide you as to what your next steps should be.

If you decide to file a lawsuit, make sure you don't wait too long. Statutes of limitations require you to file your claim within a certain time period from when the injury occurred. You will also need to get a medical assessment from an expert to prove that your case does in fact have merit. Once you have completed these steps, you are on your way to potentially receiving compensation for your injuries.

Source: FindLaw, "First Steps in a Medical Malpractice Case," accessed on Sept. 29, 2015

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

Phone: 347-286-1937
Fax: 718-447-9908
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