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Understand how the investigation and filing process actually works, what to gather before your consultation, and what deadlines apply.
Attorney reviewed · New York focused · Updated resource
An attorney reviews the facts, obtains records, and consults medical experts before deciding whether to file.
Filing a medical malpractice claim usually begins with an experienced attorney reviewing what happened, obtaining the relevant medical records, and consulting qualified medical experts to determine whether the healthcare provider may have departed from the accepted standard of medical care and whether that departure caused injury. If the investigation supports a valid claim, the attorney may prepare and file a lawsuit within the applicable New York deadline.
Medical malpractice cases are complex and subject to strict legal deadlines. Speaking with an attorney as soon as possible can help preserve important evidence, protect your legal rights, and provide a clear understanding of the next steps.
Medical Malpractice Definition: A medical malpractice claim is the legal process of seeking compensation for injuries allegedly caused by a healthcare provider’s negligence. A lawsuit is one step that may occur if the investigation supports a valid claim.
The first step is to consult with an experienced medical malpractice attorney who can evaluate your situation. During the initial consultation, the attorney will discuss what happened, review the timeline of events, identify the healthcare providers involved, and determine what additional information is needed.
If the circumstances suggest that medical negligence may have occurred, the next steps typically involve obtaining medical records and arranging for a detailed review by qualified medical experts before deciding whether to file a lawsuit.
Although this page focuses on Syracuse, the investigation and filing process is generally the same throughout New York, with cases governed by New York law and the applicable local court.
Every case is unique. The timeline and steps may vary depending on the facts of your case, the parties involved, and how the case proceeds.
Not every unexpected medical outcome is the result of malpractice. To have a valid claim, there must generally be evidence that a healthcare provider departed from the accepted standard of medical care and that the failure caused the patient’s injury.
Determining whether those legal requirements are met usually requires a careful review of the medical records and the opinion of an independent medical expert. An experienced attorney can help determine whether further investigation is appropriate.
No. Most potential malpractice claims undergo investigation before any lawsuit is filed. Medical records are reviewed, experts evaluate the care, and the attorney determines whether sufficient legal and medical evidence supports bringing a claim.
If possible, it is helpful to gather medical records, hospital discharge instructions, test results, imaging reports, prescription information, correspondence from healthcare providers, and any notes you have made about what occurred. A timeline of appointments, treatments, and symptoms can also be valuable.
Do not worry if you do not have every record. An experienced medical malpractice attorney can help obtain the necessary medical records and identify additional information needed to evaluate your case.
During your consultation, we begin by listening carefully to your concerns and learning about your medical history and the events that led to your injury. We answer your questions, explain the legal process, and discuss whether the circumstances warrant further investigation.
If additional review is appropriate, we will obtain the relevant medical records and begin evaluating the case with the assistance of qualified medical experts. If we determine that a medical malpractice claim exists, we will explain the next steps and discuss how the case would proceed.
Every potential medical malpractice case requires a thorough investigation. We collect and review the relevant medical records, develop a detailed timeline of the patient’s care, identify the healthcare providers involved, and work with qualified medical experts to evaluate whether the healthcare provider departed from the accepted standard of medical care.
This investigation helps us understand what happened, evaluate whether negligence occurred, and determine whether there is sufficient evidence to pursue a medical malpractice lawsuit.
The purpose of your consultation is to discuss what happened and explore your legal options. We’re here to help you through every step of the process.
Medical experts are often involved early in the investigation. After the medical records have been obtained, qualified physicians in the appropriate specialty review the care that was provided and evaluate whether it met accepted medical standards.
Their opinions help determine whether medical negligence occurred and whether the alleged negligence caused the patient’s injuries. Expert review is an essential part of evaluating most medical malpractice claims in New York.
Medical malpractice claims are subject to strict filing deadlines under New York law. In many cases, the statute of limitations is two years and six months from the date of the alleged malpractice or from the end of a continuous course of treatment for the same condition. However, important exceptions may apply depending on the facts of the case.
Because calculating the correct filing deadline can depend on the specific facts of a case, including the continuous treatment doctrine and other statutory exceptions, individual deadlines should be evaluated by an attorney rather than estimated based on general rules.
Many people are uncertain about whether they actually have a medical malpractice case. Others worry about the legal process, the cost of hiring an attorney, or whether pursuing a claim will become overwhelming while they are still recovering.
At Bottar Law, we believe that education and communication are essential. We explain the process in straightforward language, answer questions honestly, and help clients understand their options so they can make informed decisions with confidence.
No. While it can be helpful to bring any medical records, discharge instructions, test results, or other documents you already have, you do not need to obtain every record before speaking with a medical malpractice attorney.
After receiving the necessary written authorizations, attorneys routinely request relevant medical records directly from hospitals, physicians, and other healthcare providers as part of their investigation. They can also identify additional records that may be important but that a patient might not know to request.
If you have a general timeline of what happened, the names of the healthcare providers involved, and any records already in your possession, that is often enough to begin an initial evaluation. An attorney can explain what additional information, if any, will be needed as the investigation moves forward.
If you believe that you or a loved one may have been harmed by medical negligence, the best first step is to speak with an experienced medical malpractice attorney. You do not need to know whether malpractice occurred before seeking legal guidance.
An attorney can review the facts, obtain the necessary medical records, arrange for an independent medical review, and explain whether you may have a valid claim. Even if you are unsure what happened, seeking legal advice early can help protect your rights and provide clarity about your options moving forward.
Most claims undergo substantial investigation before litigation begins.
Malpractice generally requires proof that a healthcare provider departed from the accepted standard of medical care and that the departure caused or was a substantial factor in causing the patient’s injury.
Attorneys routinely help obtain medical records.
The purpose of an initial consultation is often to determine whether further investigation is appropriate.
Medical malpractice claims begin with investigation, not necessarily a lawsuit.
Michael Bottar is a nationally recognized New York medical malpractice and personal injury attorney and the founder of Bottar Law. Throughout his career, he has dedicated his practice to representing individuals and families affected by medical negligence, catastrophic injuries, wrongful death, and other serious acts of negligence. Michael is committed to helping clients understand their legal rights, navigate the complexities of the legal system, and pursue accountability with compassion, integrity, and unwavering advocacy.
For more than 40 years, Bottar Law has represented individuals and families throughout Syracuse, Central New York, and across New York in complex medical malpractice litigation involving catastrophic injuries and wrongful death. Through educational resources like these FAQs, Michael Bottar and the Bottar Law team strive to provide clear, reliable information to help injured individuals and their families make informed decisions during difficult times. Prior results do not guarantee a similar outcome.
Speak with Bottar Law to find out whether the facts support a claim and what deadlines may apply.