To know whether you have a medical malpractice claim, a lawyer must consider the type of medical treatment that was provided or that a doctor failed to provide. Often, after discussing the facts with you, a medical malpractice attorney will have a general idea of whether your facts may fit broadly within the elements necessary to pursue a claim. Other times, an attorney will need to review medical records and speak with experts to better understand if your situation can meet the elements needed. Additionally, an attorney must examine the type of damages suffered. In fact, in order to proceed with a medical practice case in New York, an attorney is obligated to consult with a medical practitioner and file a certificate of merit which indicates that the case has been reviewed and that there is a basis for the case to proceed.
Not all care that results in a bad outcome for the patient will satisfy the legal elements of medical malpractice needed in order to hold a doctor liable for the harm and injuries suffered. An attorney can help apply the facts of your specific situation to the law and determine whether you may have a medical malpractice claim that can be pursued.