Medical Malpractice Attorneys
Medical malpractice cases are highly special and require the skills of an experienced New York medical malpractice attorney. Many
malpractice lawyer attorneys are on a contingent basis which means they get paid a percentage of any amount they recover.
Lawyers should be aware whether they have the experience and expertise to take on the particular case or client. Doing this can lower the chance of a malpractice lawsuit.
Experience in Litigation
Malpractice cases can be very complicated and require a lot of work. It is important to ensure that your lawyer is experienced in dealing with medical malpractice cases, and understands the various nuances involved. Ask your attorney what number of medical negligence cases they have handled and what type of casework they typically handle in their practice.
Medical malpractice occurs when medical professionals fail to follow the accepted standards of medical care. This can include doctors, nurses, pharmacists and diagnostic imaging technicians physicians who interpret test results, and even the manufacturers of medical equipment. A New York medical malpractice attorney can help you identify parties who may be responsible for negligence, and determine if they are liable for suing.
The most experienced malpractice lawyers will be able to clearly describe the potential benefits and disadvantages of your case. For instance, they will be able to inform you if there are precedents that favor your case. They will also give examples of the reasons why a medical malpractice claim is not possible.
A good
malpractice attorney will also be a pro negotiator who can help you negotiate a fair settlement with the insurance company, or party accountable for your injury. If they refuse to give you a clear answer regarding the state of your claim it could be a sign you should choose a different lawyer who can provide you with more accurate and clear information.
Expertise
An expert is defined as one who has a sufficient degree of understanding in an area that allows them to make informed decisions and offer advice. The term is used to describe those who hold advanced degrees, professional credentials, specialized knowledge or extensive training in a specific field.
Expert witnesses are frequently sought by medical malpractice lawyers to determine the quality of care for every case. This knowledge allows them to identify the ways that your healthcare provider went beyond the established standard of care and explain this to jurors.
Your lawyer's expertise also means they are well-versed of the laws that govern medical malpractice claims both in New York and across the country. They know how to file lawsuits, what paperwork is needed to support your claim and what steps need to be taken to establish a convincing case.
The legal definition of expertise is the capability to perform actions however, there are other types of knowledge that you have to be able to call an expert - such as declarative knowledge. An experienced attorney is able to interpret medical records that are complex analyze your injury, conduct research on it and form reliable theories about what could have happened and how a healthcare provider was not up to the mark.
Medical errors can cause serious injuries that require expensive treatment. Your attorney can seek compensation for these costs, including reimbursement of previous expenses as well as projected future medical costs that result from your injuries. They may also seek compensation for non-economic damages, like pain and discomfort.
Fees
The majority of medical malpractice lawyers work on a contingency-based basis which means that their fee is determined according to the final award and not on an hourly rate. The fees typically range between 33% and 40% of gross recoveries. However, the percentage may vary depending on the circumstances and the amount of damages owed.
In contrast to many personal injury cases which are charged at a flat rate of one third of the net award, New York law and the majority of the states provide fees based on an escalating scale that starts at 30% and progressively drops to 10% as the monetary recovery increases. Many clients are surprised to learn that the legal fee isn't a simple one-third of their net recovery.
This system may appear innocent, but it pits the legal interests of lawyers against those of their clients' and damages the relationship between the lawyer and the client. It also discourages lawyers from refusing to settle cases for less and encourages them their clients to accept a low settlement offers, even when they have a valid claim.
The good news is that medical malpractice attorneys at Lipsig, Shapey, Manus & Moverman have experience dealing with these cases, and the resources to maximize your claim. They have obtained massive verdicts, such as the $2.75 million jury verdict in Nassau County Supreme Court awarded to a man who contracted prostate cancer that was advanced due to an incorrect diagnosis by a doctor.
Communication
A lawyer should listen to you and be able to understand your concerns. They must be able to analyze the specifics of your situation and write a narrative that illustrates the medical negligence that led to your injury or illness. They should be able communicate effectively with both you and others involved in your claim. It is crucial to be able to explain medical terms to non-medical professionals.
Medical malpractice occurs when a doctor, nurse or other health professional fails to provide medical care in accordance with the medical community's accepted standards, and a person is injured, suffers illness or suffers a worsening of their condition as a result. A lawyer with extensive expertise in medical malpractice cases can help ensure that your claim is properly prepared and filed.
Lawyers who are reputable often post updates about their most significant settlements or verdicts on their websites or blogs. These results can provide an insight into the potential worth of your case. Remember that every case is unique and the value of your case will depend on your own particular set of circumstances.
Another thing to think about is the manner in which a medical-malpractice attorney is charged for their services. Many lawyers charge a percentage of the amount they receive. This is the norm, and should be clearly stated in any representation agreement you sign.