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.