When you go an attorney’s office who handles medical malpractice matters on a daily basis the attorneys going to sit down with you and learn exactly what happened. The only way to know for sure whether or not you have a valid medical malpractice case in New York is to do a thorough investigation and that includes not just sitting down with you for an hour and finding out what happened to you but getting all of the medical records. We have to take all that information all of those records and we have to send them off to a medical expert to review. And why do we do that? Not only is that a requirement to New York for a medical expert to review these records but the qualified medical expert has to confirm not only that there is wrongdoing and that the wrong doing caused injury but that the injuries are significant and/or permanent. So that’s it absolute requirement before we can go ahead and start a lawsuit on your behalf here in the state of New York. When we go ahead get copies of your medical records we have to pay for copying costs and depending upon how long and how often you were treating with the various doctors or hospitals that could be used and it could be run into thousands of dollars. Once we’ve obtained all those medical records then we send it off to our expert for review and obviously our experts going to charge us for the time here she spends reviewing those records and coming to conclusions about whether they’re is our isn’t a basis to go forward with the case.
So, at the end of that review now we’ve accumulated and it is cost us as the attorney a significant amount of money to get an opinion. If it turns out that you have a valid basis for case you don’t have to pay anything until we are successful at the very end to the case, and only if we are successful. If it turns out that the doctor does not believe we have a valid basis for case, what happens then?
You have to repay us the thousands of dollars we spend to evaluate the case? The answer is no. That’s the risk that we take what we believe that you have a valid basis for case and now we invest in you and your possible case. We go ahead accumulate the records. We send it out for expert review and this is on us with the expectation that if there is a valid case and now we start the lawsuit at some point during the course of the litigation if we’re successful then we will get that money reimbursed to us at the end when an if we are successful for you.
So, why I share this information with you? I share with you just to get it insight and understanding into what goes on in the litigation process especially when evaluating your potential medical malpractice matter here in the state of New York.