Questions about a diagnosis, procedure, or course of treatment deserve a careful look. A review begins with the medical records, the care that was provided, and how the injury affected your life.
Understanding what happened
A meaningful review starts with your story and the evidence. Useful information may include:
- The providers and facilities involved in your care
- The treatment timeline and relevant medical records
- The injury, additional treatment, and impact on daily life
What a New York medical malpractice claim must show
A poor result is not enough on its own. A medical malpractice claim generally involves a departure from accepted medical practice and a connection between that departure and the patient’s injury. Medical records and appropriate expert analysis help address those questions.
The difference between a complication and negligence
Known risks can occur even when care is appropriate. The review should examine what the clinician knew at the time, how the patient was assessed, which decisions were made, and whether a different course of care could have affected the outcome.
Legal background: New York appellate decision on medical malpractice.
Common questions
Can I have a malpractice case without knowing exactly what went wrong?
Yes, you can ask for an initial evaluation without identifying a specific error. Bring the treatment dates, provider names, and the questions you have. Whether there is a viable claim requires a review of the facts and medical evidence.
Live in Brooklyn? South Brooklyn case evaluation information.
What to bring to a first conversation
If available, gather a brief timeline, the names of the people involved, and any records or correspondence you already have. You do not need every document before contacting the office.
Why timing matters
New York claims are subject to time limits, and the applicable deadline depends on the facts. Speak with an attorney promptly rather than assuming a general deadline applies to your situation.
General information about deadlines: New York Courts. An attorney must evaluate the deadline for your particular claim.
Talk through your questions
A conversation with Leonid Krimsky can help you understand what information to gather and whether further review is appropriate.
Discuss your situation