Filing a Medical Malpractice Claim in Hudson Valley

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

After filing the necessary documents, the documents will then be served upon each one of the documents. Once the documents receive the summons, the complaint, and the certificate of merit, they respond through their attorney with a legal document called the answer, which usually denies the allegations of the complainant.

A seasoned medical malpractice attorney could help someone with through the process of filing a medical malpractice claim.

Specifics Included in a Complaint

The complaint must specify the residence of the parties, meaning the plaintiff and the defendants. It must state the factual allegations of what occurred and must state that there was a deviation from the standard of care and that the deviation from the standard of care caused injury or harm to one of the plaintiffs. This is required when filing a medical malpractice claim in Hudson Valley. As part of the lawsuit, there is no amount of money that must be claimed. It is simply an amount of money greater than the jurisdictional limits of any other lower court.

Who Handles the Claim Filing Process?

The injured person is not involved in the filing of the summons of complaint and certificate of merit. If the individual resides in the same county of their attorney’s law office, the injured victim is required to sign the verification of the complaint. This signifies that the injured person has reviewed it and certifies that the allegations and the complaint are accurate. The process of filing a medical malpractice claim in Hudson Valley is handled mostly by the lawyer and the injured individual’s involvement is limited to reviewing the complaint and signing the form called the verification.

An Attorney’s Role in Filing a Claim

A person can bring a claim on their own without legal representation. However, they are unlikely to know what experts to hire, the lawsuit procedures, and have the resources that attorneys have access to. Also, a lawyer could help calculate the damages in a medical malpractice claim to help the injured person maximize their claim. An individual who obtains an experienced medical malpractice lawyer is usually going to have a better chance of receiving a favorable outcome in their case.

The Benefit of a Hudson Valley Medical Malpractice Attorney

The number one way that a lawyer can help with filing a medical malpractice claim in Hudson Valley is by providing answers. When someone has an unexpected bad outcome with the doctor or hospital, they are looking for answers. An attorney can evaluate and investigate the case to see why there was a bad outcome that caused you an injury. If it was due to negligence, then the lawyer will work tirelessly to prove that the medical professional did not uphold to the standard of care.