Some decisions in life should not be taken lightly. Very few of us would hire someone for something as important as being a babysitter for our children or as relatively mundane as repairing our car without being sure that the person knows what they are doing and has a positive track record. With that basic premise in mind, it is surprising how often a person will hire an attorney to handle a medical malpractice case (as well as many other types of cases) without knowing who the attorney is, what experience they may have in the field, what their record of success in the field may be, or where they stand in the eyes of their peers.

When a person is injured from medical malpractice, a lawsuit against a doctor or health care provider is usually the furthest thing from his or her mind. Concerns about one’s health, one’s ability to keep working and providing for a family and the ability to regain one’s place as a productive member of society are among the far more pressing issues.

It is within this emotionally charged and upsetting context that the search for a medical malpractice attorney typically begins. Once a person has made the decision to pursue a potential lawsuit, an injured party must consider which attorney will prosecute the case on their behalf. Choosing the right attorney should involve determining the person best suited to winning the lawsuit. The reality is that not all attorneys are capable of handling medical malpractice cases which are, by their very nature, complicated and difficult.

When making a decision as to who will represent you, your child or your loved one, the decision needs to be based on the same criteria you would rely upon for any other difficult decision. Some of these factors include:

· Does the attorney have experience with this type of case?

· How have this attorney and his or her firm performed on other malpractice cases?

· What is the standing of the attorney in the community as a whole and in the smaller community of malpractice attorneys?

· What do the attorney’s peers say about him or her?

· Is he or she someone you can trust?

· Does the attorney understand the intricacies of medicine and the law as it surrounds your case?

· Were you directed to this attorney by someone with your best interests at heart?

· In short, is this person the very best person in the field to properly, professionally and successfully prosecute this case for you, your child, your parent or other loved one?

Given our culture, we are often loath to consider whether a medical professional caused us harm. However, the sad reality is that medical malpractice occurs every day and whatever the reason, two things remain clear: acts of malpractice unfortunately do occur in the diagnosis and treatment of many conditions; and you’re right to do something about it.

SIDEBAR

Bringing a medical malpractice issue to light provides a benefit for other individuals. Only when a negligent doctor is held accountable can others be warned of the actions of negligent doctors and the proper standards of care which should be applied to all patients.

How do you know if you have been a victim of medical malpractice? Before making any decisions concerning a lawsuit, the following issues should be considered:

· What stage is my disease? In order to successfully prosecute a lawsuit for medical malpractice, there must be a demonstrable injury upon which recovery may be based. In order to prove this element, it must be established that the patient is in worse condition today than he/she would have been had the diagnosis been made in a timely fashion.

· What were my complaints? All complaints to physicians must be taken seriously. If you made complaints to your doctor concerning your symptoms over a period of time without a diagnosis, you should investigate whether malpractice occurred.

· How quickly must I act? If you suspect medical malpractice has occurred in the diagnosis and/or treatment of a condition, there is important legal information that you need to know in order to protect your rights. According to current New York State law, a medical malpractice action must be started within a prescribed period of time. This limitations period begins to run even if you are unaware or do not suspect that malpractice occurred. Consequently, acting quickly is the only way to insure that your rights will be protected.