Why We Enjoy Medical Malpractice Litigation (And You Should Too!)

What Does a Medical Malpractice Lawyer Do?

A medical malpractice case involves the harm of a patient as a result of the negligence or inability of a physician to provide of care. This can include misdiagnosis, ineffective treatment, and defective medical equipment.

Compensation could include reimbursement for actual expenses, such as medical bills or lost wages. Compensation may also include non-economic damages, such as pain and discomfort.

Qualifications

Medical malpractice attorneys must have a firm understanding of medical terminology and procedures to protect their clients' rights. They should be proficient in legal research and possess strong organizational skills. They must also have a high degree of compassion and confidence in the face of a foe that is well-funded, educated, and skilled.

In New York, it is possible to file a lawsuit claiming medical malpractice if you prove that the doctor did not meet the standard of care and caused injury or even death. There are several conditions that must be met in order to be able to prove this. First, the physician must have a direct relationship with the patient. The doctor must have seen or provided medical advice or treatment to the patient in person. It cannot be based solely on hearing the doctor's advice in a non-medical space like a networking event or party.

The second requirement is that the doctor must have violated the accepted standard. Expert testimony will be required to determine the acceptable standard. For instance, if a case involves the delayed diagnosis of cancer, a medical specialist will need to be interviewed. The specialist must provide complete evidence of how the initial diagnosis of the patient was wrong and ultimately caused injuries or health issues.

Liability

It is the job of a medical malpractice lawyer to show that a doctor has committed negligence that resulted in injury or death. To do this they must have access to medical records as well as eyewitness testimony. Experts in the field of medicine are also needed to help to create a convincing case for their clients. This could include doctors and nurses, diagnostic imaging technicians, surgeons, radiographers and hospital administrators as well as drug manufacturers.

If someone is injured due to medical malpractice, they are entitled to a reimbursement for their losses. This includes compensation for past and future medical expenses, loss of income due to a loss of job or discomfort and pain, and many more. They could also be entitled to compensation for emotional pain caused by medical malpractice attorneys malpractice.

It's important for a victim to get a lawyer with experience when they suspect that they've been harmed by medical negligence. This will enable them to file a claim within the statute of limitations that is two and one-half years in New York.

Lipsig, Shapey, Manus & Moverman's attorneys are highly skilled in handling malpractice cases. They can optimize the time taken to settle the case and the amount you receive.

Damages

An attorney for medical malpractice can assist you in gathering evidence to prove that the doctor was negligent. They can also determine the damages you are entitled to in order to cover the costs. A successful lawsuit can help you pay medical expenses, recover lost wages, or compensate you for suffering. It will also help you and your family members cope with the loss of a loved one due to medical negligence.

In order to prove medical malpractice, you need to prove that your doctor breached his duty of care and that the breach directly caused the injury. The process usually involves the recourse to experts as witnesses. Both experts must agree there was a breach of the duty of care, and that it resulted directly in significant damages.

Many states have laws which place caps on the amount of damages a patient may recover in a medical malpractice lawsuit. These limits are usually applied to non-economic damages that are hard to quantify, like pain and suffering or disfigurement. New York is one of the few states that do not put a cap on these types of damages, allowing you to get the full compensation you deserve for your losses.

A New York medical negligence attorney can help you determine what damages you are entitled to. They can also assist in filing a lawsuit or negotiate with your medical professional to settle your claim.

Time limit

Every legal claim comes with a certain amount of time that it must be filed within, or the case is dismissed. Statutes of limitation are the time limitations which are strictly enforced. Medical malpractice lawsuits are no exception. Under New York law, a malpractice lawsuit must be filed within two years from the negligent action or discovery of the action.

There are some nuances to this standard. For instance, if were injured by a surgeon or doctor who left a foreign object inside your body following surgery then the time limit for that specific type of claim might be shorter than that for a general medical malpractice case.

New York has also adopted a "Continuous treatment rule." This means that, for certain types of malpractice, that the 30-month clock does not start until the patient has completed with the ongoing treatment provided by the doctor or medical professional who committed the error. This is important because it allows patients to bring claims against medical professionals for blunders that could have occurred or should have been discovered earlier.

However, this exemption does not apply to minors. New York law has a special statute of limitations for minors that extends the countdown of 30 months until they reach adulthood.