Because Relationships Matter 
Medical mistakes can cause serious, sometimes irreversible harm. If you believe a doctor, nurse, or hospital in Westchester County made an error that caused injury or worsened a condition, taking the right steps early on is essential. An experienced Westchester County medical malpractice lawyer can help you evaluate your case and pursue the compensation you deserve.
1. Seek Immediate Medical Attention
Your first priority is your health. If you are in pain, experiencing unusual symptoms, or believe you received the wrong diagnosis, medication, or treatment, seek care from another qualified medical provider. This second opinion not only helps correct the issue but also creates documentation that can support your case.
2. Request and Secure Medical Records
Medical records are crucial evidence in any malpractice investigation. Request copies of:
- Hospital charts
- Test results and imaging
- Medication orders
- Doctor’s notes
- Surgical or procedural reports
Under New York law, patients have the right to request and receive copies of their medical records (Public Health Law § 18). Request them in writing and keep copies in a secure location.
3. Document Everything
Keep a detailed journal of:
- Symptoms and complications
- Appointments and follow-up care
- Conversations with providers
- Medical expenses
- How the injury affects your daily life
These notes provide a timeline and context, especially when your memory fades over time. They can help demonstrate how the mistake disrupted your health and routine.
4. Avoid Speaking With Insurance Companies Alone
Hospitals and healthcare providers often report suspected malpractice to their insurers. If you are contacted by a hospital representative or insurance adjuster, do not provide a statement or sign any documents without legal counsel. These parties are focused on limiting their liability—not helping you.
5. Consult a Medical Malpractice Attorney
Medical malpractice claims are complex. They require access to expert analysis, knowledge of strict legal deadlines, and a deep understanding of healthcare standards. A qualified Westchester County medical malpractice lawyer will:
- Review your records and timeline
- Consult with medical experts
- Determine if malpractice occurred
- Calculate the damages you may be entitled to recover
- File a claim within the applicable statute of limitations
In New York, the statute of limitations for most malpractice cases is 2 years and 6 months from the date of the error or the end of continuous treatment (CPLR § 214-a). Starting early gives your attorney time to build the strongest possible case.
6. Do Not Delay
Even if you are unsure whether malpractice occurred, do not wait. Many patients hesitate out of fear, confusion, or hope that the issue will resolve. Meanwhile, evidence may be lost, records altered, or legal deadlines missed. Early action protects your right to seek justice.
FAQs
How do I know if what happened was malpractice?
Not every poor outcome is malpractice. However, if a doctor failed to follow accepted medical standards and caused harm, you may have a valid claim. A malpractice attorney can review your records and consult with medical experts to determine if a mistake occurred.
Can I sue if a loved one died due to a medical error?
Yes. If a healthcare provider’s negligence caused a wrongful death, the personal representative of the deceased’s estate may file a claim on behalf of surviving family members.
What damages can I recover in a malpractice case?
You may recover compensation for medical expenses, lost income, future care needs, pain and suffering, and loss of enjoyment of life. In wrongful death cases, survivors may also seek damages for loss of financial support and companionship.
Do I need a medical expert to prove malpractice?
Yes. New York law requires a qualified medical expert to confirm that the provider’s actions deviated from accepted standards of care and caused harm.
Can I afford a malpractice attorney?
Yes. Most medical malpractice lawyers, including our firm, work on a contingency fee basis. That means you pay no legal fees unless they win compensation for you.