Medical malpractice or medical negligence happens when a health care professional or organization veers from an acceptable standard of care and causes harm to a patient’s health. With that definition in mind, you can sue a hospital for losing test results if the loss of those records jeopardized your health or injured you in some way.
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 medical condition, you might have the basis of a medical malpractice insurance claim or lawsuit.
A type of personal injury action, if your medical malpractice claim is successful, it could entitle you to financial compensation from the at-fault party. You may be able to hire a medical malpractice lawyer to help you determine the impact of the loss of your records, how your resulting health care was compromised, and the damage to your health.
A medical malpractice lawyer can also help build a compensation claim by reading and reviewing your medical history and consulting medical experts. Your lawyer can also help you obtain a Certificate of Merit and ensure your medical malpractice lawsuit is 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 requires 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 be 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 to assess its financial value.
Compensation in a Medical Malpractice Case
Like most people, you seek out medical care to maintain or restore your health. It can be frustrating and stressful when the care you receive causes your health to worsen or decline. When your lost test results lead to misdiagnosis, missed diagnoses, or delays in treatment, you might have the basis of a medical malpractice insurance claim or lawsuit.
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.
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 CVP §214-A, you generally have two years and six months to file a lawsuit for medical malpractice in New York.
If you were injured in a car accident, you know the exact date your injury occurred, and adhering to the statute of limitations is simple. In a medical malpractice case, it might be difficult to determine the exact date of your injury on your own. A medical malpractice lawyer can help you determine the appropriate filing date in your case and can file your claim on time for you.
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 do not have to fight back against records mismanagement on your own. A personal injury lawyer from Morelli Law Firm may be able to help you assign liability, value your claim, collect evidence of negligence, and fight for compensation.
For a free case review with our medical malpractice, call Morelli Law Firm today at (212) 751-9800. We may be able to provide you with representation on a contingency-fee-basis with no advanced payments required.
Our service areas include New York City, Long Island, and New York State up to Albany.