Schenectady Heart Attack Malpractice Lawyer

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When a doctor assumes a responsibility to treat you, they also assume a duty to treat you according to the standard of care for their profession and specialty. When you experienced a poor outcome from your diagnosis or treatment from a medical professional related to a heart attack, they might have veered away from that standard of care, and you may have a legal right to compensation.

A compassionate Schenectady heart attack malpractice lawyer could work to develop a case that reveals to a civil court how your doctor was negligent. Let a skilled medical malpractice attorney help you argue that your damages were caused by your doctor’s negligence.

When to File a Heart Attack Malpractice Case

The first step in seeking justice after becoming injured is to schedule a consultation with an experienced Schenectady heart attack malpractice attorney. If the attorney and the plaintiff agree to move forward with a lawsuit, they must file it within two years and six months of the date of malpractice, as per New York Civil Practice Law and Rules §214-a.

It should be noted that a civil lawsuit usually requires several prerequisite actions before filing. The attorney may want to reach out to the defendant to see if they want to settle and may also need to research the circumstances and the defendant’s insurance policies.

Once the plaintiff hires an attorney, it may be months before the attorney is ready to file the case. It should be noted that if consulted early on, an accomplished lawyer could make sure to file a lawsuit within the deadline set by the statute of limitations, which unrepresented plaintiffs may struggle to do alone.

Certificate of Merit Required for Heart Attack Malpractice Cases

As part of the filing process, a heart attack maltreatment lawyer in Schenectady must also prepare a certificate of merit in accordance with New York Civil Practice & Law Rules § 3012-a. The certificate of merit must be filed with the lawsuit unless it prevents the lawsuit from being filed within the statute of limitations. In this case, state law allows a 90-day extension to file the certificate.

The certificate of merit helps decrease the number of lawsuits a court might deem meritless and frivolous, as it ensures one of the following two scenarios has occurred:

The plaintiff’s attorney contacted a licensed medical professional who, after a thorough review of the circumstances, concurs that malpractice occurred
The plaintiff’s lawyer made no less than three attempts to contact three different licensed medical professionals and was unable to obtain a professional opinion on the circumstances surrounding the case

Get Help from a Schenectady Heart Attack Malpractice Attorney

Since a heart attack is a serious medical event that can leave a patient with many medical challenges, doctors must act quickly and appropriately to ensure that their patient receives the right care during and after a heart attack. If you did not receive the right care, it may be time to seek help from a Schenectady heart attack malpractice lawyer.

Your attorney could seek compensation on your behalf for your medical bills, pain and suffering, emotional distress, and other damages. Given that you only have a set amount of time to seek justice for the wrong that was done to you, it is recommended for you to consult an attorney today and get your case started.