(845) 802-0047Before filing a Hudson Valley medical misdiagnosis claim, it can be critical for the injured party or their family to reach out to an attorney. With legal assistance, the injured party can determine their desired outcome for their claim and the possible strategies to achieve that. An individual should speak with a medical misdiagnosis attorney who is experienced in handling medical negligence cases in and out of the courtroom.
How is a Medical Misdiagnosis Case Initiated?
Once an attorney determines that there is merit in filing a Hudson Valley medical malpractice misdiagnosis claim, they can begin planning their case with the victim. That is the commencement of a lawsuit, filing a summons and complaint and a certificate of merit.
Once that is done, there is an exchange of paperwork between the defense and representation of the victim, commonly referred to as discovery demands and discovery responses. Following the demands and responses, the next step is depositions in which the defense attorneys will ask questions of the person under oath, and those potentially representing the victim get to ask questions of the doctors or nurses under oath.
Understanding a Malpractice Case Timeline
Once the depositions are complete, a lawyer may request for a trial date. From the beginning of the lawsuit until the end, generally, the goal is to complete everything within 18 months. Sometimes it takes longer and sometimes it is quicker, but attorneys may try to operate in such a way as to get the case to trial as quickly as possible.
After filing a Hudson Valley medical misdiagnosis claim try to adjourn and delay the case as much as possible. Their goal is that the injured party will not receive a result, whether it is a judgment or settlement until the case gets to trial.
How to Try Proving a Misdiagnosis Claim
The first step that a malpractice lawyer will take after the initial information that they glean from the patient will be to get the medical records, review the records, and speak with a board-certified physician to determine whether there was a deviation from the standard of care that caused harm to the patient.
Someone can file a medical malpractice lawsuit against a nurse, a physician’s assistant, a nurse practitioner, or any doctor, whether it be a medical doctor or a doctor of osteopathy. However, the liability will vary. For example, if a nurse is simply following the orders and directions of a physician, generally there is no responsibility or legal liability to the nurse.
Overall, it can be critical to have someone speak with an attorney about filing a Hudson Valley medical misdiagnosis claim for any harm suffered by a medical professional.