When a doctor makes a mistake in your health care, it can have devastating consequences. A medical error can cause serious injury, disability, and permanent damages. When a doctor or hospital makes a medical error that causes an injury or death, the injury victim and their family may be able to recover damages to compensate them for their losses.
In a medical malpractice lawsuit, the injured patient has to show that their doctor breached their duty of care, which caused the injury and loss. Medical malpractice lawsuits can be very complicated, involving multiple doctors, hospitals, insurance companies, nurses, and other health care providers. Some examples of medical malpractice and an overview of the legal process can help you understand if you might have a claim.
Examples of medical malpractice can include any injury, damage, or loss caused by medical negligence. Most medical malpractice cases involve a patient making a claim against a doctor, hospital, or other medical professionals. Some examples of medical malpractice injuries include:
A medical malpractice case generally begins with contacting a law firm with a focus on medical malpractice claims. An experienced medical malpractice attorney will generally begin with a review of the case and consultation with a medical expert. If there is a basis to file a personal injury claim, the lawyer will file a complaint with the civil court. The complaint is served upon all the known defendants in the case and the defendants file an answer.
The next stage of a malpractice case is discovery. During discovery, the parties exchange information and evidence, including medical records and hospital records. The parties have to respond to interrogatories and can be questioned in a deposition. If the defendants are not providing the information requested, the malpractice attorney can file a motion in court to compel them to produce the evidence.
Medical malpractice cases generally involve one or more medical experts. Experts can help the jury determine if the doctor involved breached the medical standard of care. Medical expert witnesses will review the records and produce an expert report that summarizes their findings.
At any time, the parties can settle a case. Most medical malpractice claims in New York are settled before they go to trial. A settlement can help the injury victim recover some compensation while avoiding the unpredictability of a trial. The decision to accept a settlement off or not is left up to the plaintiff.
If the case goes to trial, it will generally be heard before a jury. The jury is selected and each side presents their case to the jury. The jury will see the evidence presented, hear from witnesses, and hear from medical experts who reviewed the case. The jury will then decide whether or not the defendants were liable to the plaintiff for damages and each defendant's level of fault. The jury will also decide how much to award the plaintiff for their injuries and losses.
There are many options for hiring a medical malpractice lawyer that may cost nothing upfront. Many medical malpractice law firms operate on a contingency basis. This means the injury victim does not have to pay anything until the lawyer recovers an award. The legal costs will generally be taken as a percentage of the award. Contingency fees allow injury victims to go up against large healthcare companies without having to worry about affording the cost of legal representation.
Many medical injury lawyers also provide a free consultation. An initial consultation is a good way to evaluate the law firm to make sure they are the right fit for your case. When you find a medical malpractice attorney, consider their experience, what types of cases they handle, how they will stay in contact with you, and which lawyer will be handling your case.
Medical malpractice and wrongful death claims have a time limit known as a statute of limitations. A medical malpractice attorney can make sure the claim is filed in time. If a complaint is filed even one day late, the injury victim may be barred from recovering any damages.
Medical malpractice cases are complex and can take a long time. It is important to have someone on your side to represent you through the long and difficult process. The right medical malpractice lawyer can let you know your options in a legal case, including whether you want to accept a settlement offer or take your case to court. Your lawyer can also negotiate to make sure you get an award to cover all your costs and damages.
How Do I Find a Medical Malpractice Lawyer?
If you or a loved one suffered an injury based on a bad diagnosis, botched surgery, medical fraud, prescription errors, or breach of doctor-patient confidentiality, a medical malpractice lawyer can help. Use FindLaw to find a medical malpractice lawyer near you to represent you in your medical malpractice dispute.
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Use the contact form on the profiles to connect with a New York, New York attorney for legal advice.
Consider the following:
- Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in solving your problem?
- How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours?
- How are the lawyer's fees structured - hourly or flat fee? Can the lawyer estimate the cost of your case?
- Is the lawyer's office conveniently located near you?
Here are a few to get you started:
How long have you been in practice?
How many cases like mine have you handled?
How often do you settle cases out of court?
What are your fees and costs?
What are the next steps?
It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can:
Ensure the attorney is currently licensed to practice in your state
Gain an understanding of his or her historical disciplinary record, if any.
Determine the seriousness of complaints/issues which could range from late bar fees to more serious issues requiring disciplinary action.
New York State Unified Court System, Supreme, Civil Term