Medical malpractice lawsuit: what are the first steps? (PART 2)

In our last post we discussed the first steps one must take in order to file a medical malpractice suit. After talking to the provider directly and then possibly the medical licensing board, you may decide to file a lawsuit. It’s important to work with your attorney in order to take the right steps.

Each state has a statute of limitations when it comes to civil cases. It’s important that you file the medical malpractice lawsuit within that timeframe. In New York, you have 2 and ½ years to file the lawsuit from the date of the incident or from the end of any continuous treatment provided by the party. This makes it very important to document everything that happens during and after the incident. Your attorney can help you figure out the best method to do so.

After filing the certificate of merit, you and your attorney will need to consider the unique aspects of the case in order to decide whether you want to seek a larger settlement by going to court or if you want to settle out of court. A lot of medical malpractice cases settle out of court, which can save you money and time. While this may be a great option, especially if an insurance company rejects a claim, if you have a very strong case, it may be worth your time to take the case to court. An attorney experienced in medical malpractice law can help you make that decision by taking a look at the facts of your case.