If you think a family member’s been hurt because of medical error, the first thing you need to know is that you're not alone.
It’s only behind tobacco as a preventable cause of death. Tobacco is preventable because if the patient never picks up a cigarette, they’re not going to die of a tobacco related illness. In medical error the patient doesn’t have a choice: the medical error causes them harm or death.
But if you think a family member has been hurt because of medical error, you do have a choice. You have a choice whether not you should do something in order to try and make healthcare safer. So if you think it’s happened to someone in your family, you need to know that there are things that have to be done.
First: you need to know there are deadlines.
In most cases you have 30 months to start a claim from when the error occurred, but that could be quite a bit shorter depending on the circumstances.
Second: you need to know that in that timeframe have to have the case reviewed by an expert.
In New York you can’t file a lawsuit for medical error unless a doctor gives you permission.
Last: you need to know that these cases are very complex and they’re different from other personal injury cases.
You need to find a lawyer with experience in medical negligence cases.
One of the things that experienced lawyer will do is they’ll handle the case in a way that not only helps you, but also changes healthcare and makes it safer. The goal of a medical malpractice case is to prevent future deaths from medical errors.