How to File a Medical Malpractice Lawsuit 

To start a medical malpractice case in New York, you must file a certificate of merit with your original complaint–or within 90 days–stating that your lawyer has reviewed the facts and consulted an expert licensed to practice medicine in the United States. The expert must have determined that there is a reasonable basis for a lawsuit and deserves to be heard in court. Medical malpractice victims in New York have 30 months to file a lawsuit seeking damages. 

If you or a loved one has suffered an injury as a result of unsafe medical practices or neglect at the hands of a medical professional, the medical malpractice attorneys of Douglas & London in NYC offer aggressive representation to help you collect compensation and hold the responsible party accountable. Our attorneys represent clients in a wide range of medical malpractice cases and have helped clients collect millions in damages. Schedule a free consultation today. 

Obtaining a Certificate of Merit 

As stated above, The New York State Assembly states in part that medical malpractice claims “Requires a certificate of merit in actions for damages, contribution or indemnity arising out of alleged negligence of a professional licensed pursuant to the education law; establishes a party in an action for medical, dental or podiatric malpractice may not omit the name of certain experts in responding to a request.”   

Your attorney obtains a certificate of merit by consulting with a physician licensed to practice in New York. They will review the details of your case and help determine if you received substandard care. In other words, the medical professional acted or did not act in a generally accepted way that other medical professionals would or would not under the same circumstance, resulting in the harm you have suffered. 

Proving Negligence 

Medical malpractice occurs when a healthcare professional, doctor, hospital, or another healthcare facility deviates from the accepted standards of care when treating a patient. The result is that they fail to treat the patient correctly or fail to treat them at all. That patient then suffers injuries, illness, or a worsening condition. Further, the burden is on the plaintiff and their attorney to prove the following elements of negligence:  

  1. You had a doctor-patient relationship. 
  2. The medical professional was negligent by taking an unreasonable action or inaction while providing you with care—for example, failure to diagnose, improper treatment, and surgical and medication errors. 
  3. As a result, they directly caused your injuries, and you, the plaintiff, sustained significant, measurable damages.  

      Damage awards are intended to make you whole for those losses and are the basis for compensation. The stronger these elements, the better your ability to be reasonably and fairly compensated. Further, we may recommend filing a claim against multiple parties if negligence was widespread or involved several persons or an organization. The sooner you contact us, the greater your chances of building a successful medical malpractice case.  

      Negotiating a Settlement 

      In some cases, the defendant (the healthcare provider or facility) may be willing to settle out of court. You and your attorney can decide whether their settlement offer is fair and reasonable, given your damages and losses. Insurance companies often begin settlement negotiations with a lowball offer to resolve the issue as quickly as possible. An experienced attorney can determine whether it is worth taking and whether going to trial might yield better results. Accepting a settlement generally means you cannot pursue further legal action against the defendant. 

      Schedule a Free Consultation with Douglas & London 

      Douglas & London works with a team of respected experts in science, medicine, and economics to build a successful medical malpractice case on your behalf. If you or a loved one suffered a serious injury at the hands of a medical professional, schedule a free, no-obligation consultation. We have recovered over $18 billion on behalf of our clients.  

      Contact our office immediately following an injury so our team can perform a thorough investigation and ensure your case is filed well within the deadlines established by New York State’s medical malpractice statute of limitations. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.