3 Things You Need to Know About Filing a Medical Malpractice Claim in New York

Man Showing Doctor Injured Wrist | Medical Malpractice Lawyers in NYC | Gash & Associates, P.C.

Doctors and healthcare professionals take an oath to “do no harm” to those in their care. Unfortunately, errors or oversights can occur, leading to costly and lasting damage to the patient. When a healthcare provider fails to uphold the standard level of care, often through careless mistakes or negligent actions, it is the patient’s legal right to file a medical malpractice suit to recover compensation for the costs caused by the physician’s errors. Here are three basic aspects of medical malpractice claims that you should know about before you decide to take legal action.

1. Determining Whether You’ve Been a Victim of Medical Malpractice

Medical malpractice claims can be challenging to pursue, as there needs to be sufficient evidence to demonstrate that your injuries or medical conditions were directly caused by or exacerbated by a healthcare worker’s negligent actions. If you emerge from your routine procedure or surgery with a new condition, such as permanent nerve damage or a massive infection, you’ll need to gather as much documentation as possible that can persuasively show the link between the procedure or treatment and your newly-developed condition. Your medical malpractice attorney will work closely with you to determine the specifics of your case so that you can decide how to strategically proceed.

2. It Often Comes Down to the Provider’s Mental State

While there are a number of reasons why medical malpractice occurs, the most common factor in instances of medical malpractice is the mental state of the healthcare provider. Many times, these medical professionals are tired or unfocused on the task at hand, making it easier to make a surgical error or fail to properly diagnose a patient’s condition. As you and your attorney discuss your case, you’re likely to spend some time looking into the circumstances of the event and whether your provider’s mental state may have influenced your unfortunate outcome.

3. Seek Legal Assistance as Soon as Possible

There are several reasons why victims of medical malpractice either delay or decide not to pursue a claim. Some people fear that coming forward will prevent them from receiving quality medical care in the future if a doctor learns of the case and refuses to treat them. Others worry that they don’t have a strong enough reason to pursue a claim. Even if you are just beginning to think about the possibility of pursuing a medical malpractice claim, it’s worth it to contact an experienced attorney who can help you understand your options. The sooner you gather information, the more time you’ll have to build a solid case, should you ultimately decide to move forward.


For more information about pursuing a medical malpractice claim in Westchester County, call Gash & Associates, P.C. at (914) 328-8800 to arrange a free consultation with a skilled attorney today.