Understanding the First Steps...

If you or a loved one has been the victim of medical malpractice, then seeking legal action is a must. From surgical errors and missed diagnoses to prescription errors and misreading of X-rays, medical malpractice, unfortunately, occurs quite often. By knowing the first steps in handling a medical malpractice claim, you can have a better idea of what to expect. 

1. Know Your Statute of Limitations

First, be sure that you are within the statute of limitations for your case. These can vary from state to state; in New York, these typically range from one to six years, depending on the specific details surrounding your claim. Missing the deadline to file can severely complicate your claim, as the medical professional in question can request a motion for dismissal.

2. Consult With an Attorney

It's always a good idea to consult with an experienced medical malpractice attorney before moving forward with your claim. At Smiley & Smiley, we offer a free consultation where we can get to know you and the details surrounding your case. From there, we can provide you with sound legal guidance moving forward. These consultations can also be a great opportunity for you to get a better idea of what your case may be worth.

3. Schedule a Medical Assessment

Having a medical assessment done can help you obtain a "certificate of merit," which can help your case by showing that the injuries you (or a loved one) suffered were found to be a direct result of medical malpractice. Your attorney can advise you further as to whether or not a medical assessment is necessary for your case, but it usually is beneficial.

Ready to take the first steps towards your medical malpractice claim? Our team at Smiley & Smiley, LLP is here to help. Be sure to contact us today to set up your free case consultation.