Patients in New York who have been injured from a medical procedure may have a medical malpractice claim. However, there are specific steps that should be taken before a claim is filed, as taking it to court can be risky for the claimant.
According to Forbes, the first thing a patient should consider is if it even falls under the definition of medical malpractice. Negligence occurs when the health care provider strays from the normal standard of care, which is what another provider would do in the same situation. Even though medical malpractice is a leading cause of death and injury in the country, a high percentage of medical malpractice claims result in no payment.
Because of this, FindLaw recommends contacting the medical provider first before doing anything else. Oftentimes the professional is genuinely sorry and/or is willing to do what it takes to avoid a legal battle. If it is possible, he or she will often perform complimentary services to fix the problem. If the health care professional does not rectify the issue, the next step you should take is to contact the licensing board, as it can guide your next moves and even take disciplinary action against the provider.
If you decide to file a claim, keep in mind there is a statute of limitations, which can range from one to six years. It is also pertinent to get an expert opinion from another physician who can conclude the injury was due to medical negligence. If you are offered a settlement, most attorneys recommend that you accept it because there is high risk in taking it to court.