Many calls I receive are from potential clients who want to know if they have a valid medical malpractice case. These callers want to tell me their story, but sometimes the story rambles on and on. I can't follow the timeline, and I can't determine why this person is calling, and cannot tell what injury they're calling about. As politely as possible I tell them to stop and list to this two-part question:
"What do you think was done wrong that caused you permanent harm?"
That question usually stops most callers cold. They pause to think about the permanent injury they may have suffered.
Most callers have no problem explaining how they feel a doctor or hospital did something wrong. However, when asked to link the wrongdoing to the permanent injury, many callers simply get stumped, finally recognizing that they may not have a potential case here in the State of New York.
The two-part question listed above has, contained within it, three elements needed to prove a successful case. In every medical malpractice case in New York I must be able to prove that 1. There was wrongdoing, 2. The wrongdoing caused injury, and 3. The injury is significant and permanent.
Lots of callers can talk at length about elements number one and two, but when they think about the permanent injuries, many realize that they simply don't have any long-term permanent injury. It is also important for any lawyer to speak to, to inform you that in New York, all three of the elements needed to prove a malpractice case must be confirmed by a medical expert who has either treated you, or reviewed all of your medical records. If any one of those elements is missing, then there's no way to prove your case.
