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What is an independent medical review in medical malpractice cases?

On Behalf of | Dec 8, 2022 | Personal Injury

Although New York may be home to some of the best hospitals on the East Coast, medical malpractice is still a serious concern. High population density and unpredictable levels of demand for emergency services can easily lead to medical mistakes that have negative consequences for the patients involved.

Thankfully, most medical facilities and individual healthcare practitioners carry medical malpractice insurance to protect against work-related liability. If a doctor makes a mistake or deviates from best practices and causes harm to a patient, that patient or their surviving family members can potentially file a medical malpractice claim.

Of course, doctors and the companies that employ them are often eager to defend against potentially expensive and reputation-damaging malpractice claims. When there is a dispute about the mistake or its effect on the patient, it can be hard to negotiate a claim. That may be when someone requires an independent medical examination.

New York has rules in place for malpractice claims

Lawyers are not medical professionals any more than the patients that they represent, so it can be difficult for attorneys and the people who hire them to effectively argue their case when the situation involves detailed medical information. Beyond the possibility of the patient or legal professional failing to describe the situation properly, there’s also a lack of medical knowledge that could lead to mistakes and oversights when negotiating with a hospital or its attorneys.

Bringing in an independent medical professional for a thorough review is an effective solution for those hoping to pursue a medical malpractice claim. When an outside medical professional evaluates your condition or your records, they can help prove you didn’t receive the right care. If they affirm that you experienced malpractice, it will be much easier for you to convince an insurance adjuster or the courts that you deserve compensation.

Beyond that, the medical professional examining you can also help establish lasting consequences that could have a financial impact, such as functional limitations that will affect what jobs you can’t perform.

Knowing your rights is key to claim success

Medical malpractice claims are often far more difficult to successfully settle than smaller insurance claims, like a claim related to the damage to your home after a fire. Cooperating with the right legal and medical professionals will improve your chance of a successful medical malpractice claim or make it easier for you to take your issue to court and secure compensation that way.