Negligent care from a medical professional can inflict physical injury on a patient or cause the patient to develop serious complications requiring further treatment. Patients who have suffered injuries and complications caused by negligent treatment decisions and actions by their healthcare providers can file a medical malpractice claim to recover compensation and hold those providers accountable. But how does one file a medical malpractice claim against a healthcare provider in Queens, NY?
What Qualifies as Medical Malpractice?
Not every adverse outcome of medical treatment indicates malpractice. Instead, medical malpractice occurs when a healthcare professional makes treatment decisions or provides treatment that does not comply with the applicable standard of care in the patient’s case, and that breach of the standard of care causes harm to the patient for which they incur compensable losses. The specifics of the standard of care depend on the circumstances of a patient’s case. However, healthcare professionals generally describe the standard of care as the decisions or actions that other medical providers of similar training and experience would make in substantially similar circumstances to the patient’s case.
Common examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis
- Medication errors (prescribing the wrong medication/dosage, dispensing the wrong medication, administering medication to the wrong patient)
- Surgical errors (wrong patient/site surgery, leaving equipment inside a patient)
- Anesthesia errors (administering too little anesthesia, failing to monitor the patient’s condition)
- Birth injuries (physical trauma or complications suffered by a newborn or mother during childbirth)
Step 1: Seek Medical Attention (e.g., a Second Opinion)
The first step in filing a medical malpractice claim may require seeking attention or treatment from another healthcare provider. You can bolster your case by obtaining a second opinion and obtaining prompt treatment for injuries or complications caused by previous negligent care. Prompt treatment can prevent your injuries or complications from getting worse and requiring more extensive treatment. Medical records from your treatment can also help document your injuries or complications and link them to the prior negligent care.
Step 2: Collect Medical Evidence And Documentation
You should also gather all relevant evidence and documents to support your medical malpractice claim, including:
- Medical records from the negligent treatment, including progress charts, doctors’ notes, test results, and medication records
- Medical records from the treatment you received for your injuries or complications
- Bills, invoices, and receipts for your medical treatment
- Photographs of visible injuries or complications
- Correspondence from your negligent healthcare provider(s)
Step 3: Consult a Medical Malpractice Lawyer
You should speak with a medical malpractice attorney as soon as possible after you suffer injuries or complications from negligent health care. A lawyer can review the facts of your case to determine whether you may have a viable malpractice claim and identify the parties whom you might hold liable for your losses.
Step 4: Obtain a Certificate of Merit
Every medical malpractice lawsuit filed in New York must have a certificate of merit executed by an attorney on behalf of a plaintiff. A certificate of merit will state either that your attorney has review your case and consulted with at least once physician to conclude that your case has reasonable merit, or that your attorney made a good faith effort to consult with a physician before filing your malpractice lawsuit or that your lawsuit does not require a physician review due to the facts of the case (e.g., a surgeon left equipment inside you).
Step 5: Draft and File a Complaint
Finally, you must file a complaint (usually in Queens County Supreme Court) to begin your medical malpractice lawsuit and serve a copy of the complaint and the court summons on each defendant named in your claim.
Contact Our Medical Malpractice Lawyers
Have you experienced complications from medical treatment? If so, you might have a legal claim if your harm occurred due to negligent decisions or actions by a healthcare professional. Contact McCann Legal, PC today for a free, no-obligation case evaluation with a Queens medical malpractice attorney to learn more about what to expect when filing a medical negligence action against a healthcare provider in NYC.