Medical Malpractice Attorneys
Medical malpractice cases require the expertise of an New York medical
malpractice lawyer who is familiar with these types of cases. Malpractice lawyers typically operate on a contingency basis which means that they get paid by a percentage of the amount of money recovered in the case.
Lawyers must consider whether they possess the necessary knowledge and expertise to handle the particular case or client. This could lower the likelihood that a
malpractice lawsuit could be filed.
Experience in Litigation
Medical malpractice cases require a amount of effort and can be very complicated. You should ensure that your lawyer has experience in dealing with medical malpractice cases and knows the nuances involved. Ask how many medical malpractice claims your lawyer has handled and what kind of work they typically undertake in their practice.
Medical malpractice is when medical professionals fail to adhere to the accepted standards of medical care. This includes doctors and nurses as well as diagnostic imaging technicians, doctors who interpret test results, and manufacturers of medical equipment. A good New York medical malpractice lawyer can assist you in identifying the parties who could have been negligent and determine whether they should to be sued for damages.
The best malpractice lawyers can explain clearly both the benefits and drawbacks of your situation. For example, they will be able to tell you whether there are any precedents that could benefit your case and also provide examples of reasons why a medical negligence claim is not a possibility.
An experienced malpractice attorney will also be a proficient negotiator and can help you negotiate an acceptable settlement with the insurance company or the party accountable for your injury. If they are not willing to provide clear and honest information regarding the status of your claim, it may be an indication that you should seek an attorney who can give you more truthful and straightforward details.
Expertise
Experts are people with a high level of understanding on a particular area, allowing them to offer informed opinions and suggestions. The term is used to describe those with advanced degrees, professional credentials, specialized knowledge or extensive training in a particular field.
Medical malpractice lawyers often consult with expert witnesses to learn about the specific standard of care in each case. This knowledge enables them to identify the ways that your healthcare provider went beyond the established standard of care and to explain this to a jury.
The experience of your lawyer also means they are aware of the laws that govern medical malpractice claims in New York and across the nation. They know how to make lawsuits, what evidence is needed to support your claim and what steps must be taken to create a convincing case.
The legal definition of expertise emphasizes the capacity to perform actions, but there are other types of knowledge that need to qualify as an expert. These include declarative knowledge. A qualified attorney can read complex medical records, research the injury and form credible theories of what should have occurred.
Medical errors can cause serious injuries that require costly treatment. Your attorney may seek reimbursement for these expenses, including reimbursement for previous expenses as well as projected future medical expenses that will result from your injuries. They can also demand compensation for non-economic damages such as suffering and pain.
Fees
Most medical malpractice lawyers operate on a contingency basis meaning that their fees are contingent upon the award and not an hourly rate. The fee is usually between 33 percent and 40% of gross recoveries. The percentage may vary based upon the case and the amount owed in damages.
New York law, and the majority of states, set fees on a sliding scale. The first 10 percent is charged to the lowest amount of financial recovery. Many clients are shocked discover that their legal fees is not a straight-out one-third of the net award.
The system may seem innocent but it pits financial interest of lawyers against the interests of clients and ruins the relationship between the lawyer and the client. It also discourages lawyers from refusing to settle cases at a lower cost and encourages them their clients to accept a low settlement offers, even if they have a valid claim.
The good news is the medical malpractice lawyers at Lipsig, Shapey, Manus & Moverman have experience in dealing with these cases and the resources to maximize your claim. They have obtained huge verdicts, like the $2.75 million jury verdict in Nassau County Supreme Court awarded to a patient suffering from advanced prostate cancer because of a doctor's incorrect diagnosis.
Communication
A lawyer should listen to you and comprehend your concerns. They should be able, in turn, to consider the details of your situation and come up with a story that illustrates medical negligence which caused your injury or illness. They should be able to communicate effectively with both you and the other parties involved in your claim. It is important that they are able to explain medical terms to non-medical professionals.
Medical malpractice occurs when a nurse, doctor or other health professional fails to provide medical care in accordance with the medical community's accepted standards and someone gets injured, suffers illness or has their condition worsened as a result. An experienced lawyer who is familiar with medical malpractice cases can assist you ensure that your claim has been properly filed and drafted.
Reputable lawyers often share information about their most significant verdicts and settlements on their websites or blogs. These results can provide insight into the potential value of your case. But, keep in mind that every case is unique and your claim will be analyzed by a unique set of circumstances.
The fees of a medical malpractice attorney are another factor to take into consideration. Many attorneys are on a contingency fee which means that they don't charge upfront fees but instead, they charge a percentage of the award that they obtain for you. This is a common practice and should be stated clearly in any representation agreement that you sign.