Filing a Medical Malpractice Claim in Albany

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Filing a medical malpractice claim in Albany begins with a summons, a complaint, and a certificate of merit. There are the three separate legal documents that are filed in which the lawsuit is going to be brought. If a lawsuit is being brought in Albany County Supreme Court, the plaintiff would file the summons, complaint, and the certificate of merit with the Supreme Court clerk in that county.

This is called the commencement of a lawsuit and upon the filing of those documents, the documents will then be served upon each one of the defendants. Once the defendants receive the summons, the complaint, and the certificate of merit, they will respond through their attorney with a legal document called the answer, which usually denies the allegations of the complainant. For more information about filing a medical malpractice claim in Albany, reach out to a seasoned medical malpractice lawyer.

What is Included in a Claim?

When writing a claim, the complaint must specify the residence of the parties, which the plaintiff must establish who the defendant or defendants are. It must also state the factual allegations of what occurred and that there was a deviation from the standard of care and that the deviation from the standard of care caused injury or harm to the plaintiff. Doing this is required and is also why it is important for an injured person to enlist the help of a lawyer when filing a medical malpractice claim in Albany.

Plaintiff’s Involvement in the Process

In terms of the filing of the summons of complaint and certificate of merit, the injured person is not involved in this part of the process. If the plaintiff resides in the same county as the law office, then they are required to sign the verification of the complaint. This signifies that the plaintiff has reviewed it and certifies that the allegations and the complaint are accurate. The plaintiff’s involvement is very limited as it is the lawyer’s job to build the case and help the individual recover damages.

How an Attorney Could Help With Filing a Medical Malpractice Claim in Albany

A person has the right to bring a claim without legal representation. However, this is not recommended as it is rare that they will know which experts to hire and the correct procedures of the lawsuit. Therefore, it is critical for an injured person to reach out to a lawyer for help with filing a medical malpractice claim in Albany.

The number one way that an attorney could help an injured individual is by providing answers. When someone has suffered an injury or harm due to the negligence of a doctor or a hospital, they are looking for answers. After a lawyer evaluates and investigates the case, they could find out if there was negligence and how it happened. Once, an attorney establishes negligence, they work tirelessly to help the injured victim get the compensation that they deserve. If you have been injured in a medical malpractice incident, reach out to a lawyer today.