It’s not uncommon to wonder, “Can I file a medical malpractice claim myself?” after being injured during medical care in New York. You may choose to file the case yourself, though in most cases, it’s best to get legal help from an attorney to do so.
If you’ve been a victim of medical malpractice in the state of New York, then you have the right to file a medical malpractice suit for damages in civil court. By filing a medical malpractice suit, you may be able to recover compensation for medical bills, pain and suffering, and any other relevant economic and noneconomic damages. If you’re considering filing a medical malpractice suit, here’s what you need to know about how to file your own medical malpractice lawsuit.
The Law Regarding Medical Malpractice Lawsuits
By filing on your own, you’ll be taking on the responsibility of understanding all the steps and the criteria your case must meet. The first thing you’ll have to do is start gathering medical documentation of the injury, file all required paperwork with the court to start legal action, secure expert testimony and even negotiate an out-of-court settlement before the case goes to trial.
One of the most important parts of a medical malpractice case is being able to prove that the medical professional against whom you’re filing a suit acted negligently. Furthermore, you’ll have to prove the liability of the medical professional in question. Liability is the heart of a medical malpractice case and involves proving that a violation of the standard of care (negligence) occurred, negligence caused an injury and the injury resulted in damages.
Finally, you will have to file your claim for damages within a timely manner. In New York, the statute of limitations for filing a medical malpractice claim is 2.5 years from the time of injury. Filing after this date may bar you from recovering damages.
What’s at risk?
The final thing that you should consider when thinking about filing a medical malpractice suit on your own is what you’re risking. If you have the opportunity to reclaim thousands of dollars in damages, you may risk that compensation by filing your claim without the help of a professional medical malpractice attorney.
An attorney will be familiar not only with the medical malpractice legal process, but also can be instrumental in securing the evidence you need to prove your case and present it to prove liability.
If you have questions about filing a medical malpractice suit, contact the attorneys at Gacovino, Lake & Associates, P.C. in New York. Our legal team can provide a free case consultation to help you understand whether you have a valid case. We’ll then help you pursue the compensation you deserve. Reach our offices now at 800-550-0000.
