Medical malpractice claims involve some of the most complex legal issues imaginable. Victims must prove a breach of the duty of care, injury, and damages, often requiring expert testimony to establish each element. In addition, victims need to gather evidence including medical records, hospital bills, eyewitness statements, and photographs of their injuries. This can be a daunting task for individuals unfamiliar with the best way to construct a medical malpractice claim.
A New York medical malpractice lawyer can level the playing field when dealing with insurance companies and doctors. This type of legal representation can help you avoid accepting undervalued settlement offers, which typically benefit the insurance company more than you.
In some states, only about 95 percent of patients who seek a lawsuit against their healthcare providers will be allowed to pursue one. This is because the majority of attorneys will not accept cases with potential economic damages that are likely to be less than $250,000. Ernie Ciccotelli was harmed when he donated his kidney in 2006. The surgery went well, but within days, his incision was oozing green fluid and his guts were rotting. He had to undergo a series of surgeries and was unable to work. He sought compensation from the hospital, but was turned down because his damages were too low.
A skilled Medical malpractice lawyer knows how to prove negligence and damages in the most complicated circumstances. The attorney should have extensive knowledge of the law governing medical malpractice, as well as how to work with medical experts. In addition, the attorney should have experience handling cases involving a variety of healthcare providers, such as physicians, nurses, pharmacists, physical therapists, and dentists.
The first step in a medical malpractice case involves proving that the healthcare provider breached his or her duty of care. This is usually done through a process of questioning known as direct examination. This is followed by cross-examination, in which opposing attorneys ask questions of the witness. A medical malpractice lawyer will know the proper format and procedure for these depositions and can prepare the injured patient accordingly.
Once the attorney has gathered the evidence needed to prove the case, the next step is establishing the extent of the victim’s losses. This will include medical expenses related to the malpractice, as well as future costs such as physical therapy and rehabilitation. It will also include lost wages, if the victim was unable to return to work in the same capacity or at all. Finally, a victim may be entitled to recover a loss of consortium, which is compensation for the loss of a sexual relationship.
A successful medical malpractice case can be complex, and it is important to find the right attorney for the job. It is a good idea to get referrals from friends and family, as well as conduct online research to find a lawyer who has the right skills and experience. Once you have found the right legal representative, they will be able to guide you through every step of your medical malpractice lawsuit.