When someone seeks medical care, they make themselves vulnerable to those treating them. Patients trust medical professionals to treat, diagnose, and advise them correctly, but sometimes physicians fail in this duty.

Whether you were unaware of the medical neglect until you experienced unexpected side effects or you were aware of the carelessness immediately, you may be eligible to file a claim for compensation.

If you or a loved one were injured after seeking medical treatment, a Poughkeepsie medical malpractice lawyer could help you pursue financial recovery. Being injured by a medical professional can cause traumatic physical and psychological harm, and a compassionate attorney could help you through this time as you seek compensation from the responsible parties.

Causes of Medical Malpractice

Medical malpractice can manifest in several ways. The most frequent types of medical malpractice in Poughkeepsie include:

  • Misdiagnosis
  • Defective medical devices
  • Mistakes in handling medication
  • Surgical errors

When mistakes like these are made by medical professionals, they can have devastating, lifelong effects on a person. Accordingly, injured individuals have the right to seek compensation for the pain and expenses resulting from such negligent care with help from a Poughkeepsie medical malpractice lawyer.

Certificate of Merit

Identifying medical malpractice is not always easy, so the state of New York requires all potential plaintiffs for such cases to verify careless medical actions by filing a certificate of merit. This is a document which contains the written opinion of a qualified physician explaining how the defendant—typically the medical professional or facility that rendered treatment—was negligent while caring for the plaintiff.

This is required so the court system only spends time handling cases that are verified as true instances of malpractice. It also helps prove the injury was a direct result of the care received at the medical facility.

The document further attests that an attorney has reviewed the facts of the case and believes the plaintiff received inadequate medical treatment. When developing a certificate of merit, a seasoned medical malpractice lawyer in Poughkeepsie may have the resources to retain a reliable physician to review the medical treatment an individual received.

Litigation Process of Medical Lawsuits

After a malpractice lawsuit is filed, the discovery process begins. This is when the attorneys from both sides request information from the other party. This can be information regarding aspects of the negligent care or what course of action the plaintiff took following the treatment.

A Poughkeepsie medical malpractice lawyer may request information regarding the physician’s history of care prior to caring for the plaintiff. This process of discovery allows them to build evidence leading to trial.

In certain cases, a plaintiff may be able to settle on a set award amount outside of trial with the insurance company or through mediation. If a trial is necessary, both sides would present their evidence, experts may testify, and the jury would deliberate on an appropriate award amount.

Talk to a Poughkeepsie Medical Malpractice Attorney

If you or a loved one suffered injury as a result of negligent behavior by a physician or medical facility, you may need to contact a Poughkeepsie medical malpractice lawyer as soon as possible. You may be eligible for compensation for medical expenses and intangible losses resulting from your improper care.

Local legal representation could work with a trustworthy physician to develop your certificate of merit and file any necessary documentation for your potential case. You should not have to deal with pain and suffering because of someone else’s mistake, so let an attorney in Poughkeepsie assess your situation and work in your interests.