Robert A. Solomon, P.C.
Two Offices Serving New York & New Jersey

The first steps to take in a medical malpractice case, Part 1

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Medical malpractice suits arise when a doctor, or a member of the medical team or hospital, negligently commits an error that causes an injury to a patient. The offending medical team member, and possibly the hospital, are subject to liability due to that mistake. Medical malpractice enables patients to pursue compensation for injuries sustained due to the negligence of their caregivers. This post will go over the first steps in a medical malpractice suit.

The first thing you should do is contact the medical professional involved, before filing a lawsuit. You want to get an understanding of what exactly happened and why. The moment you file a lawsuit, people naturally circle the wagons and are far less likely to cooperate with you. Similarly, it is best if you contact the medical professional, people tend to clam up around attorneys.

Second, contact the applicable medical licensing board if the medical professional refuses to cooperate with you. The medical board cannot force the physician to compensate you however they can take disciplinary action against the doctor to compel her to speak with you.

Third, and most important, identify how long you have to file a claim. All civil claims, including medical malpractice, are subject to statutes of limitations, which are built-in sunset provisions. Once the statute of limitation is hit, your right to compensation is forfeited.

If you suffered a worsened medical condition due to the negligence of the hospital staff, then you may want to call a lawyer for legal advice. Consulting with an attorney is probably one of the furthest things from your mind, but it is important that you review your legal options. Medical malpractice cases are notorious for tight deadlines to file lawsuits. If you miss your deadline, you forfeit your right to compensation, absent a very compelling reason. A lawyer can help you prepare to ensure your right to a fair settlement is not foreclosed due to a procedural mistake.

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