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The Steps to Take When Pursuing a Medical Malpractice Claim

If you or a loved one was the victim of medical malpractice, you may be confused about the steps you need to take in order to file a medical malpractice lawsuit in New York. We’ve put together a list of steps you should take in order to begin the process of filing your claim:

  1. Understand how New York defines medical malpractice. It is defined when a medical practitioner breaches or violates the standard of care, resulting in an injury to their patient. The standard of care, which can vary depending on several factors like patient’s specific ailment or age, is the generally accepted method of care a medical provider should administer to a patient. In order for your medical malpractice claim to move forward, you will need to prove that the medical practitioner breached their standard of care, and that the breach was directly responsible for your injury.
  2. Promptly file your medical malpractice claim. In New York, the statute of limitations requires you to file your claim within two and a half years of the date of your injury, or at the conclusion of continuous medical treatment during which the injury occurred. You only need to file the claim within that time limit, but if you miss that window then you’re out of luck.
  3. Learn what the limits on how much you can collect are. There are laws in place limiting the amount of compensation you can collect, also known as damages, when suing a medical practitioner or healthcare provider. In New York, there are three main types of damages available in medical malpractice cases: compensatory damages, which are intended to compensate the victim for things like loss of wages caused by time off work and medical costs; non-economic damages, which are intended to compensate the victim for their pain and suffering; punitive damages, which may be awarded if you can prove that the medical practitioner or healthcare provider acted recklessly, with malice, or fraud.
  4. Gather your medical records. Whether or not you hire a medical malpractice lawyer, you will need your medical records. This includes all records and bills, and they will need to be reviewed by a medical professional in order to proceed with your case.

Before you begin this process at all, it may be in your best interest to contact a medical malpractice lawyer to discuss your claim. Medical malpractice cases can be endlessly complicated, so hiring a trained professional to handle your case will make the entire process much smoother to navigate. Here at The Perecman Firm, P.L.L.C., our New York City medical malpractice attorneys have more than 30 years of experience handling these types of cases, and have recovered over $200 million in settlements and verdicts for our clients. Contact us for a free consultation to discuss your case and determine what course of action you should take, or call us at (212) 577-9325.


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