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What to do before filing medical malpractice lawsuit

It is not uncommon for someone in New York or elsewhere to be in worse health after medical treatment than before. When this happens, it is only natural to want to hold the doctor or other health care provider accountable for damages. However, medical malpractice is a complicated field of the law, and it might be sensible to seek legal counsel from the onset.

Medical malpractice claims are based on negligence. This involves proving that the medical provider provided care that did not meet the standard of care that another provider would have provided under circumstances of a similar nature. Advisers suggest the first step should be to discuss the matter with the medical care provider to learn what happened, why it happened and whether it can be remedied.

While the person sees him or herself as a victim, proving inadequate care, lack of consent, misdiagnosis or breach of confidentiality could be challenging. Obtaining hospital and doctor's records about the case could be almost impossible for an unhappy patient. However, it could much more manageable if pursued by a skilled attorney. Only with all that information could the plaintiff determine whether such a lawsuit is viable.

A certificate of merit might be required before the claim can be filed. Another critical factor is the time allowed for filing such a lawsuit in New York state. There is a statute of limitations on medical malpractice lawsuits, and if it is not done within that period, no recovery would be possible. Considering these issues, it is best to seek the support and guidance of an experienced medical malpractice attorney as soon as possible to determine the viability of a claim. An attorney can also provide the necessary advocacy throughout legal proceedings in pursuit of damage recovery.

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