The Bronx, NY asked in Legal Malpractice and Medical Malpractice for New York

Q: A malpractice claim was filed for allegedly negligence and malpractice against a provider.

The provider is covered by the company's malpractice insurance who will provide the attorney and cover the claim. However, a malpractice incident report must first be completed with the option of using a private attorney. If an attorney was not hired and listed before submitting the report and thinks he may later need one for whatever reason. Can a private attorney be hired later in the middle of a case?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY
  • Licensed in New York

A: In general in any claim investigation, one is usually free to retain an attorney after the process has begun. It isn't possible to say if that would mean being given liberty to amend a statement/report, now having the benefit of an attorney. It's possible there could be conditions imposed by the medical provider, its insurance carrier, or their attorney. It would be advisable to check with them and your own attorney, if you choose to retain one. Good luck

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