Bronx, NY- A medical mistake drastically affects the lives of a malpractice victim. A misdiagnosis, an error in treatment, a botched surgery or a medication error has the potential to cause injury and be very costly. In the worst cases, negligence on behalf of a medical professional can be deadly. For victims and surviving family members, a medical malpractice claim can alleviate some of their worries, but these claims are difficult to resolve, have a high bar of proof, and require you meet special filing requirements. In this article, USAttorneys will discuss some of the special needs of medical malpractice claims in the Bronx, New York.
Determining if your claim is frivolous
If you file a medical malpractice claim, the first challenge you face is proving you aren’t filing a frivolous claim. In the state of New York, you must meet specific procedural requirements to ensure your claim is legitimate.
You have 90 days from the date you inform the defendant of your claim. Along with the initial filing that outlines your demands, your attorney must file a certificate showing that they reviewed the case and consulted with a medical expert with a license to practice in New York. Your attorney must also certify that they believe the medical experts is knowledgeable about the medical issues connected with your complaints and certify there is a reasonable basis for the medical malpractice claim.
What is your burden of proof for a medical malpractice claim?
Another challenge associated with a medical malpractice claim proving your claim. The burden of proof for a medical malpractice claim is more stringent than for an accident claim or a slip and fall. There are four main things you must prove:
First, you must show that a doctor-patient relationship exists between you and the defendant. That is to ensure that the medical professional named in the suit was responsible for your injury or misdiagnosis.
Second, you have to show that a medical professional was negligent. Being unhappy with your treatment is not enough, you must show that a mistake on defendant’s part caused you harm.
Thirdly, you must show the doctor’s or medical professional’s negligence caused you harm or led to the death of your loved one.
And, fourth, you must demonstrate that your injuries caused you to suffer physical and emotional harm and you suffered financial damage.
Contact a medical malpractice lawyer
USAttorneys can help a victim of medical malpractice find a local lawyer in New York to assist with their claim. Medical professionals need to be held accountable if their carelessness or negligence caused you unnecessary pain. We can connect you with a medical malpractice attorney in the Bronx, New York who will take steps to be sure you get maximum compensation for your injury. Set up a consultation with one of our lawyers as soon as you can.