Navigating a medical malpractice lawsuit in New York City can be complex and often lengthy. Here’s what you can generally expect throughout the process: For more information please visit New York City medical malpractice lawyer

1. Consultation with an Attorney

  • Initial Meeting: You’ll meet with a medical malpractice attorney to discuss your case. They will evaluate the merits of your claim and explain the legal process.
  • Retaining a Lawyer: If you decide to proceed, you will sign a retainer agreement outlining the attorney’s fees and services.

2. Investigation and Preparation

  • Gathering Evidence: Your attorney will gather medical records, expert opinions, and any other relevant documentation.
  • Expert Testimony: In New York, you need to establish that the healthcare provider deviated from the standard of care. This often involves hiring medical experts.

3. Filing the Complaint

  • Notice of Claim: If your claim is against a public entity (like a public hospital), you must file a notice of claim within 90 days.
  • Complaint Filing: Your attorney will file a formal complaint in the appropriate court, outlining your allegations and claims for damages.

4. Discovery Phase

  • Document Exchange: Both parties exchange relevant documents and evidence.
  • Depositions: Witnesses, including medical professionals and parties involved in the case, may be deposed (questioned under oath).

5. Pre-Trial Motions

  • Motions to Dismiss: The defendant may file motions to dismiss the case based on various legal grounds.
  • Settlement Negotiations: Many cases are settled before trial, often during or after discovery.

6. Trial Preparation

  • Trial Strategy: If the case does not settle, your attorney will prepare for trial, developing a strategy and organizing evidence.
  • Jury Selection: A jury will be selected, or the case may be tried before a judge (bench trial).

7. Trial

  • Opening Statements: Both sides present their arguments to the jury.
  • Witness Testimonies: Both parties present evidence and witness testimonies.
  • Closing Arguments: Each side summarizes their case for the jury.

8. Verdict

  • Jury Deliberation: The jury will deliberate and reach a verdict. They will determine whether the defendant is liable and, if so, the amount of damages awarded.

9. Post-Trial Motions and Appeals

  • Post-Trial Motions: Either party may file motions after the trial, seeking to alter the verdict or challenge aspects of the trial.
  • Appeals: If you or the defendant is dissatisfied with the verdict, an appeal may be filed.

10. Resolution

  • Settlement Payment: If you win the case or reach a settlement, the defendant’s insurance will typically pay the damages.
  • Collection of Damages: If the verdict is favorable, your attorney will help ensure you receive the compensation awarded.

Important Considerations

  • Time Limits: New York has a statute of limitations for medical malpractice claims, generally three years from the date of the alleged malpractice.
  • Legal Fees: Most medical malpractice attorneys work on a contingency fee basis, meaning they only get paid if you win.

Conclusion

A medical malpractice lawsuit can be a long and challenging process. It’s crucial to work with an experienced attorney who can guide you through each step and advocate for your rights.