When You Start Your Medical Malpractice Lawsuit, How Does the Judge Know How Good Your Case Is? NY Medical Malpractice & Personal Injury Attorney Gerry Oginski Explains
516-487-8207
Email: Gerry@Oginski-Law.com
You know you have a good case.
Your attorney suspects you have a good case.
Your medical expert confirms you have a good case.
Only the three of you know how good a case you really have.
Now your attorney has to start your lawsuit by drafting papers alleging that your doctor was careless.
These papers are known as a 'complaint'.
He then has to deliver these papers to the doctor you are suing.
When your doctor gets your papers, he won't be able to tell yet how good a case you have.
Why not?
Because those papers are not specific enough.
Because your doctor will not have access to all your medical records at that point.
The doctor whom you sued will send your lawsuit papers to his insurance company.
The insurance company will read them and then forward it to lawyers they have on retainer.
Neither the insurance company or the defense attorney will know yet how good your case is.
Why not?
For the same reason that the complaint is not detailed enough for them to know.
Nor do they have your medical records so they can come to their own conclusion about how good a case you have.
What about the judge?
When will he learn how good a case you have?
Not yet.
Be patient.
When the defense attorney responds to your allegations, he does so in a document known as an 'answer'.
The judge still has no clue what your case is about.
The court has not gotten involved in your case yet even though you've started your lawsuit.
Yes, you've filed your allegations with the court, but you're only at the very beginning of the case.
The judge assigned to oversee the discovery phase of your case, won't even meet the attorneys for many months.
Even then, he won't actually meet with the attorneys on your case.
Let me tell you why.
After the defense lawyer has responded to your claims by denying your allegations, your lawyer must prepare a document that details what you claim was done wrong and what injuries you have now because of that wrongdoing. That document is known as a bill of particulars.
This will give the defense more information about your case.
It will explain how your doctor was careless.
It will explain what your doctor did wrong.
It will detail how bad your injuries are.
It will detail how long you were out of work and how much money you lost up till now.
The bill of particulars gives the defense the chance to learn more details about your case.
The judge still is not involved in your case yet.
At the same time as your lawyer provides this bill of particulars to the defense he must also give him copies of all the medical records he has obtained to review your case. "Here you go. This will show you exactly why we have a good case. Enjoy your reading!"
The defense attorney will go through the records your lawyer gives them to understand whether your claims have merit.
Interestingly, the defense will not trust us to give them accurate copies of the records we obtained. Instead, they want to get your medical records directly from your doctors and the hospitals where you were treated.
Ok. That means we have to give them permission slips, signed by you, that allow the defense to get copies of your medical records directly from your treating doctors and hospitals. Why do they do this? To get your records directly from the source. Why? So they can again review the records to determine if you have a good case or not.
Does the judge know yet how good your case is?
No he doesn't.
The judge still is not involved in your case yet.
Watch the video to learn more...
Have questions about your matter? If your matter happened here in New York and you have not yet started a lawsuit, call me. I can answer your legal questions. This is what I do every day and would love the opportunity to chat with you. You can reach me at 516-487-8207.
Law Office of Gerald Oginski
35 South Drive
Great Neck, NY 11021
516-487-8207
Email: Gerry@Oginski-Law.com
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