Malpractice Lawyers
When medical malpractice occurs patients may be left with serious injuries and an enormous financial loss. A successful malpractice case can assist a victim in settling their medical expenses, recover for lost wages, and recognize their pain.
But there is plenty of work to be done in building a strong case. Lawyers who specialize in malpractice cases are an essential resource in the fight for justice.
Experience
It is normal to expect that doctors, nurses and other hospital staff will give you the highest quality of care when you are in the hospital for medical procedures. However, errors in the medical field are all too common and can result in serious injuries, or
malpractice lawsuits even death. These errors can be caused by a variety of different parties including doctors, hospitals, pharmacists as well as diagnostic imaging technicians nurses and doctors who review test results, and even pharmaceutical companies.
A
malpractice attorney should be able to recognize and prove the negligence of these parties in order to get you a successful verdict or settlement. They will have the experience and expertise to create an effective case on your behalf, which includes working with medical experts to define the accepted standards of practice in your case.
Malpractice lawyers also have the experience and ability to take depositions of witnesses. They can be witnesses from family members, friends, or coworkers who witnessed the malpractice or who were involved in your treatment. They can also help you obtain damages to cover lost wages or medical bills and also ongoing rehabilitation and custodial services.
Expertise
Medical malpractice claims are among the most complicated personal injury claims. They involve complex issues of law and medicine, as well as multiple defendants. It is nearly impossible for a victim, or their family members, to go up against large insurance and medical corporations without the help of a skilled New York Medical Malpractice Attorney.
Medical professionals or doctors may be sued for malpractice when they breach their duty to care and cause injury to the patient. A malpractice case that is successful can result in compensation for medical expenses in the form of lost earnings, loss of earning potential in the future, pain and suffering and more.
To properly evaluate a case, a medical malpractice lawyer must have a deep understanding of the theory and practice of medical practice. The attorneys at Parker Waichman have a broad knowledge of medical topics and are able to pinpoint ways in which medical professionals may have violated the standard of care they provide to their patients. They also have access to a wide range of experts who can testify as needed about the kind of duty that was imposed.
Reputation
Malpractice lawyers handle a myriad of medical malpractice cases. Patients who have been injured because of an error in medicine or negligence on the part of medical professionals are represented by malpractice lawyers. These injuries can be caused by birth injuries or surgical errors, misdiagnosis and more. These law firms are known for getting the best results for their clients.
A medical malpractice suit must establish that the health professional violated their duty of care, resulting in injury to the patient. Medical malpractice lawsuits can involve multiple parties, including hospitals pharmacists, doctors, nurses, diagnostic imaging technicians, and even manufacturers of devices. The lawyers will investigate in order to determine who is responsible.
In addition to seeking compensation for the emotional and physical pain caused by the medical mistake, New York victims can also recover damages for loss of future earnings. This is a common claim that is made by those who have had to change careers or take on lower-paying positions due to their injuries. Other possible claims include pain, suffering loss of enjoyment life and loss of consortium.
Time
Malpractice claims can be filed against doctors, nurses, psychologists, psychiatrists and other health care providers. They can also be brought against pharmacists for filling a wrong prescription or for failing to warn about possible side effects of a medication. These mistakes can happen in any medical facility, regardless of whether it's a walk-in clinic or a surgery center with specialized expertise. They often don't rise up to the level of criminal negligence, but can result in injuries and illness for patients.
Malpractice lawsuits are typically filed in state trial courts. In the United States there are 94 district courts federal that are one for each state. They have the same judges and jury panels as state trial courts.
The majority of the work in a malpractice case is carried out during pre-trial procedures. This includes the collection of medical records as well as identifying and working closely with expert witnesses to assess the case. This could take years. A lot of personal injury cases are settled before a lawsuit is ever filed. Medical malpractice cases are not similar to this. In addition, the doctors who are being sued may have their own lawyers and insurance companies, which complicates the ability to resolve these cases.
Money
Malpractice lawsuits can be costly. In addition to the lawyer's fees along with filing fees (typically between $15 and $20 for a small claim or summons) and other court costs such expert witness fees, copying charges and trial exhibits. Medical experts can cost thousands of dollars. Additional assistance from a professional may be required to develop charts and graphs to be presented to jurors and defense during trial.
Depending on the circumstances of the situation, victims may be entitled to compensation for past or future medical expenses or lost earnings, loss in consortium, disfigurement or pain and suffering. The statute of limitations will limit the amount of time the victim has to claim compensation.
Medical malpractice lawyers use contingency fees because they believe that it is essential that everyone has access to justice. Contingency fees ensure that the victim does not need to pay substantial legal fees upfront which many can't afford. This also aligns interests of the medical malpractice attorney with the interests of the client as, as the case gets settled and awards are received the attorney will receive a certain percentage of settlement amount.