One focus of Kelly White Donofrio LLP is medical malpractice. Potential clients should know that these are among the most complex and challenging cases our firm handles. The process we follow for these cases is important for you to know when you come to see us and ask us to evaluate your potential claim.
As we investigate and evaluate a medical malpractice case, we are very much guided by New York law, which requires, among other things, that your case is certified as having merit at the time the lawsuit is commenced. What that means is that we, as your attorneys, consult with a physician who tells us whether or not, based on the review of your medical records, your case has merit, meaning that there has been a departure from accepted standards of medical practice in the care you received.
When you hire our firm to investigate your case, we gather your records, we study them and learn about your case, and we talk to you about your injury and the consequences of the care you received. We then share all of this with our expert, a physician within the area of practice we are concerned with, and we have a serious, detailed and thoughtful conversation with that expert. Based on that review, we come back to you and advise you on whether or not your case has legal merit. If your case does not have merit, we explain to you the reasons why; if your case does have merit, we will then talk to you about the process of starting your lawsuit.