Medical Malpractice New York City

Steps in the Litigation Process

Pursuit of a medical malpractice lawsuit in NYC is fairly straightforward, even though every case is different. In general, it follows this course:

  • A complaint is filed on behalf of the patient
  • The defendant is served and answers with a request authorization and a Bill of Particulars
  • A discovery schedule is established with all parties in a court hearing
  • A medical examination is conducted by an independent party for the benefit of the defense
  • The trial is scheduled

Overall, a medical malpractice suit in NYC should follow an orderly preparation and vetting process that includes the following:

How to prepare

Your suit is strongest when you have important documentation of the incident that includes the following:

  • Medical records
  • Photographs of the injury
  • Police report (where applicable)
  • Your own diary or other self-written record of the sequence of events that led to the injury or condition
  • Description of impairment resulting from the medical injury

In a first consultation with us, it is useful to bring this information with you. This enables us to review the strength of your case and to initiate the process to bring about an effective lawsuit.

Timing

A medical malpractice lawsuit in New York City (NYC) must involve a notice of claim filed within 90 days of the adverse medical incident. The law is written that way because better preservation of evidence in NYC medical malpractice suits occurs when the lawsuit is initiated early. An actual malpractice lawsuit in NYC can be filed up to 30 months after the incident.

Likelihood of trial

Litigation, however, for any NYC medical malpractice lawsuit is more likely than in other jurisdictions to go to trial because a doctor can override his or her insurer’s wish to settle out of court. This is because the medical professional may refuse to consent – in fact, this happens in approximately 50 percent of NYC malpractice suits. This makes all the more important your decision to work with skilled attorneys with accumulated litigation experience at medical malpractice suits in NYC. Julien & Schlesinger is the law firm with this trial experience.

Resolution and conclusion

At the end of the day, no one should suffer injury or death because of a mistake. Every patient puts their trust in their healthcare providers; the vast majority of providers, procedures, pharmaceutical interventions, and healthcare facilities enable healthy, life-extending outcomes. That trust should not be violated, such as when an error is not given proper scrutiny. Through litigation, the responsibility falls back on providers—a check on the system that ultimately leads to better healthcare for all.

If you believe you have been a victim of medical malpractice, contact NYC medical malpractice attorneys Julien & Schlesinger, P.C., or call 1-866-915-3451.

Call the NYC medical malpractice law firms, Julien & Schlesinger, P.C. regarding NYC malpractice law suit, case, and settlements.