What to do after a medical malpractice injury
- Get copies of all your medical records.
- Avoid signing new authorizations from the provider's insurer.
- Document changes in your condition with new providers.
- Talk to a lawyer about deadlines — Florida, Georgia, and New York each have unusual and unforgiving malpractice deadlines, including Florida's statute of repose, Georgia's two-year statute with a five-year repose period (O.C.G.A. § 9-3-71), and New York's shorter limitations period.
Why hire a lawyer for a medical malpractice case?
Medical malpractice cases require qualified medical experts, careful records analysis, and strict compliance with the applicable presuit procedure: Florida's presuit notice and sworn expert affidavit, Georgia's expert affidavit filed with the complaint under O.C.G.A. § 9-11-9.1, or New York's certificate of merit under CPLR 3012-a. They are not 'do-it-yourself' claims.
Common injuries we see
- Surgical errors
- Misdiagnosis and delayed diagnosis (especially cancer and stroke)
- Birth injuries
- Medication errors
- Anesthesia errors
- Hospital-acquired infections
What you can recover
Recovery can include past and future medical care, lost earnings, and pain and suffering. (New York does not cap non-economic damages in medical malpractice cases; Florida has had its own non-economic cap history that has shifted with court rulings — current limits depend on the type of provider and case.)
State law that affects your case
Florida requires a presuit notice of intent and a sworn medical expert affidavit before a malpractice suit can be filed, plus a 90-day presuit investigation period that tolls the statute of limitations. New York requires a certificate of merit under CPLR 3012-a, filed with the complaint. The statute of limitations is generally two years in Florida and two and a half years in New York, with shorter notice deadlines for claims against public hospitals. Florida also has a statute of repose that can cut off claims regardless of when the harm was discovered; New York instead applies narrow discovery rules (such as for foreign objects and, under Lavern's Law, certain cancer misdiagnoses). Georgia requires an expert affidavit — filed with the complaint under O.C.G.A. § 9-11-9.1 — from a qualified medical professional setting out at least one act of negligence. The statute of limitations for most Georgia medical malpractice claims is two years from the date of injury, with a five-year statute of repose.
Insurance company tactics to watch for
- Aggressive defense supported by deep-pocketed malpractice insurers.
- Arguments that 'a bad outcome' isn't malpractice — true in general, but not a free pass for actual negligence.
How our process works
- Free consultation.
- Records analysis and expert review.
- Presuit notice and expert affidavit (Florida), expert affidavit at filing (Georgia, O.C.G.A. § 9-11-9.1), or certificate of merit (New York) prepared with qualified medical experts.
- Negotiation; suit if needed.
