Medical malpractice cases are among the most complex legal matters because they involve multiple layers of legal, medical, and procedural considerations. If you or someone you love has been harmed due to a healthcare provider’s negligence, understanding how to file a medical malpractice claim is an essential first step in pursuing justice and compensation.
At the Law Office of Cohen & Jaffe, we help clients navigate these cases with the clarity and direction they need. Below, we explain what qualifies as medical malpractice, how the claims process works, and what to expect if you file in Long Island, NY.
What Qualifies as Medical Malpractice?
Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, resulting in injury to the patient. According to the American Board of Professional Liability Attorneys, a claim must meet the following criteria.
Violation of the Standard of Care
Medical providers must follow accepted standards. Failing to do so, such as misdiagnosing a condition or ignoring test results, may be considered negligence.
Negligence Resulting in Injury
There must be a direct connection between the provider’s actions and the injury suffered. A mistake alone isn’t enough; it must have caused actual harm.
Significant Damages Due to Injury
The injury must result in severe damages, such as added medical expenses, lost wages, or long-term health issues. Typical cases involve surgical errors, misdiagnosis, or inadequate follow-up.
How to File a Medical Malpractice Claim Step by Step in Long Island, New York
Filing a claim in New York requires careful attention to detail. Each step is critical to building a strong case.
Gather Necessary Documentation
Begin by collecting any documents that can help demonstrate what happened and how it affected you. This may include:
- Medical records and diagnostic reports.
- Bills for treatments, tests, and procedures.
- Written communication with your provider.
- Notes about missed work, out-of-pocket expenses, or changes to your health.
Determine If Your Case Falls Within the Statute of Limitations
Some statutes of limitations can be much shorter, as little as 90 days in cases involving public hospitals or municipal entities. Under New York General Municipal Law § 50-e, individuals must file a notice of claim within 90 days of the alleged incident before initiating a lawsuit against a public entity, such as NYC Health + Hospitals. The lawsuit must typically be filed within one year and ninety days, as established in CPLR § 217-a.
Importantly, given these strict and varied timelines, it is vital to contact an attorney immediately to protect your rights and ensure compliance with all applicable procedural deadlines.
Hire a Medical Malpractice Lawyer
Navigating a malpractice case involves strict rules of procedure, thorough documentation, and a clear understanding of legal strategy. A medical malpractice lawyer can help you:
- Identify signs of medical negligence.
- Consult with qualified medical professionals to review your care.
- Collect supporting documentation.
- Handle all communication with insurers or opposing counsel.
- File your claim in the appropriate court.
Consult an Expert Witness
Most medical malpractice claims in New York require a medical professional to review your records and assess whether the care provided fell below the expected standard. This professional must work in the same area of medicine as the healthcare provider involved in your case.
Their findings can play a key role in:
- Explaining how the standard of care was not met.
- Connecting the provider’s actions to the injury.
- Supporting your claim during negotiations or litigation.
File the Claim
Your attorney will file a complaint with the appropriate court, along with a certificate of merit confirming that a medical professional has reviewed the claim. This step initiates the formal legal process and often triggers settlement discussions with the provider’s insurance company.
Prepare for Litigation If Needed
While many claims settle before trial, some proceed to court. If your case goes to trial, your attorney will present medical records, witness testimony, and legal arguments to prove your case. This may include cross-examining witnesses and addressing defenses raised by the healthcare provider or insurer.
Do You Need an Expert Witness for Your Case?
In most medical malpractice cases in New York, a qualified medical professional must review the facts and offer an opinion on whether malpractice occurred. Without this review, many cases cannot proceed under state law.
The role of this professional is to:
- Review your medical records and timeline of care.
- Determine whether the standard of care was followed.
- Show how the care received may have caused the injury.
Get Help from a Long Island Medical Malpractice Lawyer Today
If you believe you or a loved one has been harmed due to medical negligence, the Law Office of Cohen & Jaffe is here to help. Call 516-358-6900 to schedule a free consultation today. We’ll review your situation, explain your options, and help you move forward.
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