Do I Have a Case?
Medical Malpractice - Do I Have A Case?
The New York Attorneys at Powers & Santola Can Help
To have a malpractice case, you must prove that one or more health care providers failed to act in accordance with accepted medical practices; that the patient suffered a significant and permanent injury (or death); and that the malpractice was a direct and substantial cause of the injury or death.
While it is technically possible to have a meritorious malpractice claim when the malpractice resulted in minor or non-permanent injuries, it has been our experience that such claims are usually rejected by jurors.
To determine whether or not you have a meritorious case, it is necessary to conduct an extensive review of your medical history.
The review process begins with a detailed interview of the client. When the facts suggest that the above criteria may be met, all relevant medical records must be obtained. This is accomplished by having the client sign a HIPAA-compliant power of attorney, allowing us to sign authorizations to obtain all medical records.
Once all of the patient's records are received, a thorough in-house review of the records is conducted. Once our initial review is completed, our attorneys conduct a review of medical literature to determine what the appropriate standard of care was at the time the injury occurred. We then select and retain the best and most appropriate independent experts available to review your file and to provide us with an objective assessment of whether or not you have a meritorious case.
Only then can we tell you whether or not you have a case. Our office pays all of the fees for obtaining your medical records and all of the costs for retaining the medical experts necessary to review your file.
We never charge a fee for determining whether or not you have a case.
Once we have determined whether or not your case has merit, we tell you everything that we have learned. It is then up to you to decide whether you wish to pursue your legal remedies. Contact Powers & Santola in upstate New York today to schedule a free consultation with an experienced medical malpractice attorney.
