You went into a hospital for what you believed was a simple procedure, but you came out with significant injuries, and you believe something was done wrong by the hospital or doctors. However, you do not have all the facts to understand really pertaining to what was done wrong. Can you file a medical malpractice lawsuit, when you do not have all the facts about what went wrong?
What Typically Happens
Most people who suffer injuries because of doctor violating basic standards of medical care or hospital staff violating rules and causing them harm, such injured victims typically do not have all the details in front of them. Usually, the injured victim will have many questions such as what happened, how this could have happened and so on. The victim might have small bits of information from doctors or hospital staff about what happened, and what may have gone wrong. However, this will generate more questions in the mind of the victim without ever really offering any substantial or meaningful answers.
How do you Get to Know What Actually Went Wrong
When you are the victim of possible medical malpractice, one of the best ways you can find answers to questions about proving your case is to consult an experience trial attorney. A medical malpractice lawyer will begin a thorough investigation in your case and will first gather all your medical records.
Once he collects all the relevant medical records, he will go through every single page, which could be many pages depending on how long you were in the hospital following your procedure. After reviewing your medical records your attorney will have a much better understanding about what may have actually occurred.
Thorough Evaluation by Medical Expert
However, your medical records will need further evaluation, and your lawyer will send them to a medical expert for the same. The medical expert will go through your records to find out if there were violations of basic standards of medical care. If he finds serious mistakes or wrongdoing, the expert will evaluate if the injuries you have sustained were a direct result of such violations. Lastly, he will evaluate if the injuries you have suffered are significant enough to merit filing a medical malpractice lawsuit and fighting through the legal process.
The medical expert after thoroughly investigating and evaluating your medical records will have a detailed discussion with your attorney. He will give your lawyer information and discuss with your lawyer about the three important points, which are wrongdoing, whether the wrongdoing caused your injuries, and if your injuries are significant or permanent.
From this discussion, your lawyer will be able to tell much more about your case, and detailed information about what could have gone wrong and how you suffered your injuries. This will give you a much better understanding about what occurred and why. This could help clear your mind while enraging you when you realize how terrible the mistakes were if gross mistakes actually did occur.
A Known Prerequisite
In fact, in the state of New York, you can file a medical malpractice lawsuit only after a medical expert has reviewed and evaluated your records and confirmed that you have a valid case. Only after such confirmation, your lawyer will prepare the required court papers and actually file your lawsuit in court.