Medical malpractice or medical negligence happen when a health care professional or entity veers from an acceptable standard of care and causes harm to a patient’s health. You can sue a hospital for losing test results if the loss of those records jeopardized your health or injured you.
The loss of your medical records could cause a faulty diagnosis or lead to repeated tests and delayed medical care. If mismanagement of your medical records led to your current medical condition or exacerbated an existing condition, you can file a malpractice insurance claim.
Should I Hire a Lawyer if a Hospital Lost My Test Results?
You should hire a medical malpractice attorney to help you determine the impact of the loss of your records, how your resulting health care got compromised, and the damage to your health. These claims are complex, and they would be extremely difficult to navigate on your own.
A medical malpractice attorney can also help build a strong case for your compensation claim by reading and reviewing your medical history and consulting medical experts. Your lawyer can also help you obtain a Certificate of Merit. This ensures that your medical malpractice lawsuit gets filed on time.
Obtain a Certificate of Merit to Support Your Claim
In New York, your medical malpractice insurance claim or lawsuit must be supported by a Certificate of Merit. According to New York Civil Practice Law & Rules (CVP) §3012-A, the required Certificate of Merit must come from your attorney and meet these criteria:
- It must demonstrate that your attorney has reviewed your claim and consulted a medical expert who is a professional peer to the at-fault party.
- The consulted peer agrees with your lawyer’s assessment that your case meets the definition of medical malpractice.
Your Certificate of Merit must get filed with your lawsuit or within 90 days of its filing. In addition to your Certificate of Merit, your case file may include medical records and bills and laboratory and test results. A lawyer may request additional supporting evidence to prove your claim has merit and assess its financial value.
Compensation in a Medical Malpractice Case
Like most people, you seek out medical care to maintain or restore your health. However, it can be frustrating and stressful when the care you receive causes your health to worsen or decline.
The damages you may be able to recover in a medical malpractice claim could include:
- Required current and future medical expenses
- Reasonable current and future loss of income
- Physical pain and suffering and emotional trauma
- Your lawyer can review the full scope of your potential damages and assign an estimated value to your compensation claim.
Lost test results that lead to misdiagnosis, failure to diagnose, or delays in treatment are the basis of a medical malpractice insurance claim or lawsuit.
How Much Are Malpractice Settlements on Average?
How much you can win from a malpractice lawsuit depends heavily on the strength of your evidence and how significant the negative impacts of your damages are. Most malpractice lawsuits settle for hundreds of thousands of dollars, but some with egregious damages can settle in the millions.
How Long Do Malpractice Cases Take to Settle?
Typically, medical malpractice lawsuits can take roughly a year or more to settle. On average, most medical malpractice victims fight their cases anywhere between 12 to 18 months. The sooner you start filing your claim, the faster you can receive compensation.
When a hospital loses your test results, it’s in your best interest to contact a lawyer quickly. Figure out the merits of your case and what your legal options are as soon as you can.
File Your Claim within the Statute of Limitations
Most civil compensation claims have a statute of limitations that defines how much time you have to file your lawsuit. According to New York CVP §214-A, you generally have two years and six months to file a lawsuit for medical malpractice in New York.
For example, if you got injured in a car accident, you know the exact date your injury occurred, and adhering to the statute of limitations is simple. However, in a medical malpractice case, it might be challenging to determine the precise date of your injury on your own. A medical malpractice lawyer can help you select the appropriate filing date in your case.
Get a Free Case Review from Morelli Law Firm
Medical malpractice can encompass a variety of negligent acts. If a health care facility lost your medical records and your health was negatively impacted, you might be able to sue a hospital for losing test results. You don’t have to fight back against record mismanagement on your own. Our personal injury lawyer can help you throughout every stage of your claim.
Schedule an appointment for a free case review with the medical malpractice lawyers at Morelli Law Firm today. We provide legal representation on a contingency fee basis with no advanced payments required.