There is no telling how long it will take to settle your malpractice claim. The progression of your case will depend on a multitude of things, like the insurer’s willingness to settle and the strength of your case.
Medical malpractice claims in New York can get extremely complicated––especially since healthcare professionals are not required to carry insurance, per the New York State Department of Financial Services (NYSDFS).
If you or a loved one was affected by medical malpractice, you could work with a lawyer from our firm on your case.
Factors That Can Delay Your Case’s Progression
Our firm will do everything in its power to keep your case moving forward, which is not to say that your case will be free of complications. Here are some elements that could delay the progression of your case:
How Long Ago the Error Took Place
If you were harmed by an error that took place months, even years ago, you could experience problems getting the money you need. The negligent healthcare provider could argue that they were not responsible for your condition or that too much time has passed between now and the error.
CVP §214-A says that you generally have two years and six months to file a medical malpractice case. As long as you take action within this period, you are eligible to file a lawsuit––regardless of what the other side says.
Whether the Healthcare Provider was Insured
New York State does not require doctors to carry medical malpractice insurance in most situations. If your healthcare provider carried this type of insurance, we could file a claim and take that route. However, if they were not insured, we may need to file a lawsuit to recover damages.
The litigation process can take months to complete. Exchanging evidence, interviewing witnesses, and navigating bureaucracy can take time.
The Strength of Your Case’s Evidence
We cannot approach the negligent healthcare provider with no evidence to back up your story. We will need to prove that you were hurt due to an avoidable error or lapse in judgment.
Some evidence that we could use to progress your case includes:
- Testimony from other healthcare providers
- Your imaging scans, blood test results, and other patient-specific data
- Your own personal testimony
- Your medical records
- Statements from your peers and family members
We encourage you to save as much documentation as you can. Even the smallest shred of evidence could be vital to the outcome of your case.
The Type of Error That Harmed You
Some cases are simply easier to prove than others. For instance, if you were harmed by a specific error that happened on a specific day, we could verify this event with a lot of evidence. However, some errors are difficult to pinpoint, which makes it even more important to consider hiring our firm.
Some forms of medical malpractice that may have harmed you include:
- Failure to diagnose
- A misdiagnosis
- Surgical errors
- Medication errors
- Failure to properly interpret lab test results or imaging scans
- Birth injuries
- Failure to consult patient’s medical history before giving treatment
- Failure to explain side effects and other related information
Do not worry about trying to prove your case on your own. Our law firm can do that for you.
We Can Help You Recover Damages Through a Malpractice Claim or Lawsuit
We do not want you to forsake legal action because of the time involved in proving your medical malpractice case. Now is your opportunity to hold the negligent healthcare provider accountable for their actions. You may even be able to stop such an incident from happening to someone else.
Here are some damages you can collect through a claim or lawsuit:
- Past and future healthcare expenses
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Lost quality of life
- Funeral expenses
- Loss of consortium
We can calculate the cost of your losses by evaluating your medical bills, employment history, and quality of life. We will consult economists to determine the cost of your anticipated expenses and losses.
Call Our Attorneys Today for a Free Case Review
The Law Office of Cohen & Jaffe, LLP is ready to start building your case. After learning about your situation, we can explain how long it takes to settle a malpractice claim. To begin, call (516) 358-6900.