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 – Long Island Personal Injury Lawyers, 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.
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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
Understanding how to file a medical malpractice claim means following a specific legal process under New York law. These claims center on whether a healthcare provider failed to meet accepted medical standards and caused patient harm.
The process may include:
- Act Quickly (Statute of Limitations): Under New York Civil Practice Law and Rules § 214-a, you generally have two years and six months from the date of the injury or from the end of continuous treatment to file a medical malpractice claim.
- Gather Medical Records: Collect all relevant medical documents related to the care at issue. These records support your claim and may need to be formally requested from hospitals, doctors, or other providers.
- Consult a Medical Malpractice Attorney: A New York medical malpractice lawyer reviews your situation, assesses whether malpractice may have occurred, and guides you through the state’s complex medical malpractice laws.
- Obtain a Certificate of Merit: Your attorney must obtain a sworn statement from a qualified physician confirming there is a reasonable basis for the medical malpractice claim.
- File the Complaint: Your lawyer files a formal complaint with the court that outlines the allegations of malpractice and the damages being sought.
- Serve the Defendant: The healthcare provider or medical facility must be officially served with the lawsuit so they are legally notified of the claim.
- Discovery and Negotiation: Both sides exchange evidence, including documents and depositions. Many medical malpractice cases resolve during this stage, but unresolved claims may proceed to trial.
These steps show how medical malpractice claims in Long Island move from initial review to resolution under New York law.
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 – Long Island Personal Injury Lawyers 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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