5 Steps to Take if You’re a Victim of Medical Negligence

On Behalf of Mallilo & Grossman Attorneys at Law | Jul 25, 2024 | Medical Negligence |

If you’ve been the victim of an act of medical negligence in the NY area, it’s important that you get justice and appropriate compensation for the losses you’ve suffered. A medical malpractice lawyer in Queens, NY can help.

1. Get Medical Attention

The first step if you suspect medical negligence is to immediately get a second opinion and proper treatment. This is the best way to protect your health, of course, but it also might be very important in creating a paper trail that you’ll use later if you need to bring a lawsuit. Alternatively, the second opinion may show that a mistake wasn’t made, which will put your mind at ease.

2. Talk to a Medical Malpractice Lawyer in Queens, NY

Once your health is being properly looked after, call an attorney. Medical malpractice cases are really complicated and hard to win, and they require not just legal knowledge but also familiarity with the world of medicine. An experienced medical malpractice attorney will be better able to evaluate your case, gather evidence, and represent you than a general practice attorney.

3. Document Everything

Your lawyer will tell you what to do next, and the specifics of that will depend on the specifics of your case. However, no matter what happens, you’ll need as much evidence as possible to make your case. So keep everything. Start by writing down your account of the incident, and be as specific as possible. It’s tempting to think that you’ll definitely remember everything, but memories always fade with time. Keep all medical records, any test results, records of your prescriptions, and any correspondence you’ve had with the healthcare provider or facility.

4. Get Your Expert Medical Opinion

To prove medical negligence, you’ll need an expert medical opinion from a qualified medical expert. The expert will need to review your case and provide an opinion on whether the standard of care was breached. This expert will compare the actions of your healthcare provider with what’s to be expected from a competent professional in that field under the same conditions. This testimony will be one of the most important pieces of your case, and your attorney will be able to connect you with the right medical experts.

5. Think Through Settlement Offers

In many cases, the healthcare provider or their insurance company will offer a settlement, sometimes very quickly, in order to avoid going to trial. This settlement might seem good initially, but never accept any offers without the advice of your attorney, and talk through the numbers ahead of time so you know what you should be expecting. A settlement usually means quicker resolution and guaranteed compensation, unlike a trial, where anything can happen, even with a solid case. However, settlements may not cover all your current and future medical expenses, lost wages, pain and suffering, and all other damages resulting from the negligence, especially if it’s the first offer.

If you’ve been harmed by medical negligence, contact Mallilo & Grossman, Attorneys at Law in Queens, NY now for a free consultation.

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