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  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
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New York City Medical Malpractice Law Blog

Basic Steps in a Medical Malpractice Lawsuit

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Medical Malpractice on Saturday, November 04, 2017.

Doctor Prescribing.jpg

Doctor Prescribing.jpg

A vast majority of civil litigation in the United States is made up of personal injury lawsuits. Some of the most common causes of personal injuries include traffic accidents, defective products, medical malpractice, construction accidents, slip and fall accidents, dog bites, etc. Such incidences occur more regularly than most people think.

Every year, hundreds of thousands of traffic crashes occur and so do other accidents in construction or the workplace, homes, swimming pools, etc.

Steps to Filing a Medical Malpractice Lawsuit

If you are a victim of medical negligence by a doctor, hospital or any other medical professional, it is important that you know the basic steps to filing a medical malpractice lawsuit against the negligent party. These steps include the following:

· Hire an attorney: The first step you should take after suffering an injury due to medical error or negligence is to hire an experienced medical malpractice attorney. It is important to do this as soon as possible as there is a statute of limitations you need to consider. You should not try to fight your case on your own.

· Begin an investigation: Once you have hired an attorney, they will begin investigating your case and evaluate the evidence you provide. They will discuss your medical condition, the treatment or surgery that resulted in your injury or complication and your medical records, and also talk to you to get to know you better as a client. An investigation helps your attorney determine the strength and validity of your case.

· Discuss settlement options: A majority of personal injury cases, including medical malpractice lawsuits, are settled before they can go to trial. Your attorney will discuss the potential outcomes with you and help you determine if settling is the right move for you. The decision to go to trial or to settle depends on you, the client. Some practicalities that you need to consider at this point are the strength of your evidence, the resources of the defendant, outcomes in similar cases and the worth of your case concerning the dollar amount you could receive.

· File the lawsuit: This is potentially the longest part of the entire process and you could wait two years before your case is brought to trial. Your attorney will follow the state's pretrial procedures and make sure to cover every angle before the case begins.

· Discovery: This process involves lining up all facts of the case and lasts up to a year. Both parties study the case, interview the witnesses and ask questions pertaining to the case. Through discovery, both the plaintiff and defendant look for different ways to make their case as strong as possible.

· Discuss settlement: It is not uncommon for both parties to negotiate and reach a settlement at this point. If they can reach an agreement, the case will be settled.

· Trial: If an agreement cannot be reached, the case is taken to court where all the facts found during discovery are used. The judge may reschedule a number of times and the trial could be pushed back several times.

A Medical Malpractice Law Firm for the Ages

If you or a loved one has been harmed or injured due to medical negligence or error, you should immediately seek the legal help of an experienced medical malpractice attorney at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280. One of our lawyers will determine if you have a valid case and make sure that you receive maximum compensation from the negligent medical professional or facility.

These cases are complex but we know how to break them. We know who to call. There is not any guarantee you even have a case no matter how strongly you feel about it or what occurred but we will do our best to find a medical expert to back up your case. You need RMFW Law on your side now!

There is not any point in being rude to other hospital staff members. The culprit is probably not around your bed or room anymore. And you made need one of those other hospital professionals on your side a few months down the road. We have won cases like this before and we do all the time. Call RMFW Law today! Let's hear what you have to say about what happened.

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CASE OF THE MONTH

$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

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