| Medical malpractice is all too common, yet | | | | incurred due to the incident including: |
| few of us are prepared for it or know what to | | | | |
| do if it happens to us or to someone we love. | | | | • Lost wages |
| The impact can range from a minor | | | | |
| inconvenience to death. The nature of the | | | | • Additional medical care or procedures |
| error and the severity of your injuries will | | | | you have required as a result of the |
| determine what you must do. Here are some | | | | malpractice • Travel expenses required |
| basic steps you should take. | | | | for obtaining additional medical care |
| | | | |
| Obtain all of your medical records | | | | • Therapy, counseling, or any other |
| | | | services required to deal with the emotional |
| Do this as soon as possible to avoid any | | | | and psychological trauma |
| changes or falsification being made in your | | | | |
| records. Alterations are rare, difficult or | | | | • Special equipment needed to deal with |
| impossible to prevent, and difficult to | | | | disabilities or impairment |
| prove, but if proven there are stiff | | | | |
| penalties involved. A doctor can lose his or | | | | • In-home care |
| her license and institutions, such as | | | | |
| hospitals can be fined or sanctioned. In some | | | | • Other necessary paid services |
| cases, if a health care provider cannot or | | | | including housekeeping and childcare |
| will not provide medical records in court, | | | | (unfortunately help from family members does |
| the court will rule in your favor on that | | | | not usually count, with the rare exception of |
| basis alone. | | | | wages lost due to providing direct care to |
| | | | the victim) |
| Obtain an independent medical evaluation | | | | |
| | | | • Moving expenses should your injuries |
| Your attorney will advise you on obtaining an | | | | require moving to obtain ongoing care, due to |
| independent medical evaluation. This is one | | | | physical limitations, or due to loss of |
| of the most important steps in a medical | | | | income |
| malpractice case. It may be necessary for you | | | | |
| to be evaluated by a specific practitioner. | | | | Journaling |
| | | | |
| Document your experience | | | | You may be entitled to compensation for pain |
| | | | and suffering and loss of enjoyment of life. |
| Write down everything that you can remember | | | | Keep a journal of how the medical malpractice |
| about your experience from your first contact | | | | affects your daily life including: |
| with the health care provider to the last, | | | | |
| including but not limited to: | | | | • Physical pain and limitations |
| | | | |
| • Symptoms you spoke about any actions | | | | • Psychological and emotional impact, |
| they recommended in response | | | | such as depression, anxiety, fear of seeking |
| | | | additional medical care |
| • Any and all communications with staff | | | | |
| | | | • Cognitive, memory, and speech |
| • Voicemails you left, whether or not | | | | difficulties |
| you got a response, and, if so, how long it | | | | |
| took to get a response | | | | • Social impact (especially in cases of |
| | | | disfigurement) |
| • If injuries or physical decline are | | | | |
| visible take photos, and have before photos | | | | • Impact to your relationship with your |
| on hand as well | | | | loved ones and spouse (including sexual |
| | | | dysfunction) |
| Financial records | | | | |
| | | | If you or a loved one has been injured or |
| While you may not be compensation or | | | | killed by medical malpractice, please contact |
| reimbursed for every loss or expense, it is | | | | the New York medical malpractice attorneys at |
| important that you, your attorney, and the | | | | the Law Office of Law Office of Silberstein, |
| courts have an accurate picture of the | | | | Awad & Miklos. Proudly serving those in the |
| financial impact of your injuries. Keep a | | | | Nassau County, Suffolk County, Brooklyn, & |
| record of any financial damage you have | | | | Bronx, New York metro area. |