Medical Malpractice FAQs

Frequently Asked Questions About Medical Malpractice

We receive many questions about how malpractice litigation works.  Below are some answers to the most common questions we receive.

Contact our skilled medical malpractice attorneys

The complex nature of medical malpractice requires a lawyer with a great deal of experience in the field.  If you believe that you have sustained injuries due to a medical error in New York City, consult a medical malpractice attorney to discuss your legal options.  The attorneys at Rich & Rich, P.C. have the expertise and resources to recover large settlements or substantial verdicts for our clients.  Contact us today for a free consultation.

How do I know if a doctor is liable for my injuries?

Not all poor outcomes or adverse effects of medical treatment constitute medical malpractice.  In order for attorneys to bring a malpractice case, they must be able to prove that a professional was negligent by breaching the standard of care and causing an injury.  If you suspect negligence was a factor in causing your poor result or injury, have a malpractice attorney review the evidence, and he or she can tell you if you have a viable claim.

Should I sign a consent form before surgery?

Every surgery carries certain risks.  A doctor may request that you sign a consent form before surgery.  When you sign a consent form, you are acknowledging that your physician explained the risks of the procedure to you, and that you understand them.  This is known as informed consent.  If you are confused, ask to have the procedure and its risks explained again, so you understand them fully before you sign.

Can I sue for medical malpractice after signing a consent form?

By law, you must consent to a medical procedure before performance, barring certain emergencies in which medical staff cannot obtain consent.  Whether you can sue successfully after consenting to a procedure depends on the specific facts of your case.  If negligence was involved, you will be able to sue because patients do not consent to accept the untoward results of a doctor’s negligence.   The malpractice lawyers at Rich & Rich, P.C. offer you a free consultation, to discuss your case and the question of whether negligence was involved.

How often do doctors perform the wrong operation?

Unfortunately, surgeons perform erroneous operations more often than we would like to think.  A 2006 study estimates that about 2,700 surgeries per year are performed on the wrong body part, the wrong side, or the wrong patient.  It is important to be pro-active in preventing such a possibility.  Always make sure you know the exact spot on which doctors plan to perform surgery.  If you believe someone is marking it incorrectly, insist on consulting with a supervising physician.  Similarly, state your name and birth date to everyone involved in preparing you for your surgery, to ensure that you are not confused with another patient.

What material should I bring to a lawyer for a consultation?

It is important to come fully prepared to your first meeting with an attorney.  This helps ensure that the attorney has enough information to evaluate the merits of your case. Bring any medical records you are able to obtain.  Documentation of damages and injuries is also important, so bring photographs, bills, and notes from doctors, if you have them.

Contact the Firm


New York City Office

1430 Broadway,
Suite 1802,
New York, New York 10018

Roslyn Heights Office

277 Willis Avenue,
1st Floor,
Roslyn Heights, New York 11577