A surgical error can range from an improper procedure to an unrecognized perforation in an intestine leading to injury and death. How do you know whether a surgical error rises to the level of a departure from good and accepted practice? By having either a treating physician tell you that the treatment was improper, or having a medical expert confirm that there was improper medical care.
In New York, before an attorney is permitted to bring a medical malpractice lawsuit on behalf of an injured victim, he must have the case reviewed by a medical expert who is qualified in that field of medicine. The expert must be able to confirm that there was improper medical care; that the improper treatment caused harm, and that the harm is significant and permanent.
If any one of those elements is missing, then it will be difficult, if not impossible to bring a successful case. If the expert confirms there is a valid case, then your attorney must submit a "Certificate of Merit" which lets the Court know that you have had an expert review and confirm there is a basis for a case.
If you have questions about the care and treatment you received, and believe there was wrongdoing that cause you permanent harm, then call Gerry today to answer your legal questions at 516-487-8207. He welcomes your call.
