How to Start a Medical Malpractice Lawsuit in New York

Medical malpractice suits are tough on everyone involved. Hospitals and doctors fight hard to keep their integrity intact. Your goal is to prevent them from hurting another patient. Most malpractice suits are necessary to get some doctors to stop mistreating patients, but the process can go on for years. So decide early what action you need to take before starting a lawsuit in New York.

Instructions

Difficulty: Challenging

Things You’ll Need:

• Medical documentation
• Attorney

1. Get examined by another doctor at a separate medical facility if you don't feel right after your surgery. Ask for a second opinion if you feel your doctor made a mistake in his diagnosis or made a surgical error. Obtain medical documentation detailing your medical injury to keep in your records.
2. Call the New York State Department of Health to learn more about your doctor's legal history or to file a complaint against her. Think about whether the complaint would affect her career. If she's had multiple complaints against her, contact a lawyer to take legal action against her instead.
3. Research the legal history of cases like yours before going to an attorney. Ask him questions about his experience in past malpractice suits. Get an idea of how he'd proceed in your case. Hire him immediately if he's the right attorney for the job.
4. Allow your lawyer's medical expert to examine your medical records and you to survey the extent of your injuries. Get the expert to write a detailed report of her observations, because her opinion either legitimizes or sinks your case.
5. Have your attorney write up a summons claim to start the legal process. Pay the court fee for a claim number and hire a process server to notify the doctor and hospital of your suit. Get prepared for a long legal battle through court proceedings, depositions and expert testimony.

Tips & Warnings

• Be aware of the time limits surrounding your case, because you can't file a lawsuit once the time has lapsed. Read through New York's Civil Practice Law and Rules to understand what time constraints you're under before taking the next legal step.
• Develop a rapport with your attorney. He'll be with you for every step of your case. Be direct with him and talk about any unresolved issues in your case before proceeding.
• Avoid aiming too high in asking for financial compensation for your pain and suffering in the lawsuit. Be reasonable in settlement negotiations. If the offer covers all your expenses with enough money left to start over, take it and move on with your life.