Dealing with Medical Malpractice

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