What Does a Medical Malpractice Lawyer Do?

A medical malpractice case involves the injury of a patient resulting from the negligence of a doctor or a lack of care. This can include misdiagnosis and inadequate treatment, as well in defective medical devices.

Compensation could include reimbursement for actual expenses, like medical bills or lost wages. It can also cover non-economic damages like pain and suffering.

Qualifications

A medical malpractice lawyer should have a solid understanding of medical terms and procedures in order to defend their clients rights. They must be knowledgeable about legal research and have excellent organizational abilities. They must also possess an innate sense of empathy and confidence in the face of an adversary that may be well-funded experienced, and well-informed.

In New York, it is possible to file a suit for medical malpractice if you prove that the doctor did not meet the standard of care and caused injuries or death. There are several conditions to meet to establish this. First, the doctor must have a direct doctor-patient relationship. The doctor must have seen or provided medical advice or treatment to the patient in person. It cannot be based solely on the doctor's advice given in a non-medical environment like a gathering or networking event.

The second requirement is that a doctor must have violated the accepted standards. In order to determine what is the acceptable standard, expert testimony will be needed. If the case is one of delayed cancer diagnosis, for example an expert medical witness is required to be questioned. The specialist will be required to provide a detailed account of how the initial diagnosis was not correct and how it led to the patient's health issues or injury.

Liability

The job of a medical malpractice lawyer is to establish that the doctor was negligent and caused injuries or even death. To prove this, they must be able to access medical records as well as eyewitness testimony. Experts in the medical field are also required to help to create a convincing case for their clients. This could include nurses and doctors, diagnostic imaging technicians, surgeons, radiographers, hospital administrators as well as drug manufacturers.

If a person is injured through medical negligence and suffers a recurrence, they are entitled to compensation for their damages. This includes money for their future and past medical bills, loss of income from missed work, pain and suffering and much more. They may also be entitled to compensation for emotional pain caused by medical negligence.

It is imperative that a victim employs an experienced lawyer as fast as possible following the discovery that they might have been injured due to medical negligence. This will allow them to make an action within the statute of limitations which is two and a half years in New York.

Lipsig, Shapey, Manus & Moverman's attorneys are highly experienced in handling malpractice cases. They are able to optimize the time it takes for the claim to be settled as well as the total amount of compensation you will receive.

Damages

A medical malpractice lawyer can help you gather evidence and prove that the doctor was negligent. They can also determine what damages you deserve to cover the costs. A successful lawsuit can aid you in paying for medical expenses, recover lost wages, or compensate you for the pain. It will also help you and your family members cope with the loss of loved ones due to medical negligence.

To prove medical malpractice, you need to prove that your doctor breached his duty of care, and that this breach directly caused the injury. This is usually done with the assistance of experts. Both experts must be of the opinion that there was a breach of duty of care and that it directly resulted in substantial damages.

A number of states have laws that limit the amount of damages patients can claim in a case of medical malpractice. These limits are usually applied to non-economic damages that are difficult to quantify, such as pain and suffering or disfigurement. New York is one of the few states that do not put a cap on these types of damages, so you can receive the full amount of compensation you deserve for your losses.

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

Time limit

Every type of legal claim must be filed within a certain amount of time or the case will be dismissed. Limitations on time are the time limits which are strictly enforced. Medical malpractice lawsuits are not an exception. According to New York law, a malpractice lawsuit must be filed within two years from the negligent action or discovery of the negligence.

There are some nuances to this standard. If you've been injured during surgery by a doctor who left a foreign object in your body, medical malpractice lawsuit then the time-limit for that type of claim could be shorter than for a typical medical malpractice claim.

New York has also adopted a "Continuous treatment rule." This means, for certain types of malpractice, the 30-month clock won't begin until the patient is done with the ongoing treatment offered by the doctor or medical professional who committed the error. This is important because it permits patients to file malpractice lawsuits for medical mistakes that could have occurred, or at least should have been identified long before.

However, this exception does not apply to minors. New York law has a specific statute of limitations for minors, which delays the 30 month countdown until they reach the age of adulthood.