How to Build a Strong Medical Malpractice Case in New York State

Gavel And Stethoscope On A Table | Medical Malpractice Lawyers in NYC | Gash & Associates, P.C.

Suffering an injury at the hands of a healthcare worker can be devastating, especially as these professionals are supposed to help you—not harm you. When a medical professional fails to uphold their duty of care, the victim may decide to file a medical malpractice claim in order to recover compensation that can go towards the unanticipated medical costs, lost wages, and other consequences associated with the injury or condition they suffered. It’s important to note that medical malpractice claims tend to be more complex than other personal injury claims, so it’s highly recommended that you work with a seasoned attorney throughout the process. Here are a few tips to help you build a successful and compelling medical malpractice claim in Westchester County.

The Basics of Filing a Medical Malpractice Claim

Just because you think that your physician or surgeon made a mistake that led to an injury does not mean that you have the grounds to pursue a medical malpractice claim. In order to build a valid medical malpractice claim, you’ll need to show that you and the medical professional had a doctor-patient relationship at the time of the injury. Medical records, bills, and other documents may be necessary to illustrate this point. Next, you’ll need to establish that the doctor was at-fault for failing to provide the standard of care expected of them, and that their actions were negligent. In many cases, it’s useful to invite an expert medical witness to testify that the healthcare worker did not act in a way that similarly qualified medical professionals would under similar circumstances. Finally, you’ll need to draw a direct link between the negligent actions of the doctor and the injury you suffered. This can be the most difficult aspect of the case, as you’ll need to provide enough evidence to show that your injury was incurred because of a negligent healthcare worker.

Actions You Should Avoid When Pursuing a Medical Malpractice Claim

While it’s important to understand the steps you should take when preparing a medical malpractice claim, it’s equally important to recognize factors that could actually weaken your case. For example, you may be tempted to post about the incident and your injuries on social media. However, your words and images may be twisted and used against you later on in an attempt to discredit or undermine your claim. If an insurance adjuster contacts you “just to talk,” simply refer them to your attorney. Any answers or information you provide them  may be used against you in the future. It’s also important to take legal action sooner rather than later, as you only have two years and six months from the date of your injury in which to pursue a medical malpractice claim in New York state.

Strategies for Strengthening Your Medical Malpractice Lawsuit

Once you’ve determined that you have the grounds to pursue a medical malpractice claim, you’ll want to focus on building the most successful case possible. Your attorney can help you explore all of the options available to you, and you can work together to develop a compelling case. Remember, building a strong case takes time, especially as you’ll need to locate and provide several documents to support your position. Generally, incidents involving birth injuries, medication errors, surgical errors, or incorrect diagnoses can lead to the recovery of substantial financial damages for victims. Your attorney will assess the specifics of your situation and help you determine the most strategic course of action. 


If you suspect that you have been the victim of medical malpractice in Westchester County, contact the dedicated legal team at Gash & Associates, P.C. today by calling (914) 328-8800 to arrange a free consultation.