Medical malpractice cases show a deviation from the accepted medical standards in the community. The doctor, in other words, acted unreasonably. You have to show that the doctor’s actions or inactions were a deviation from the standard or were not reasonable, and to establish that, you need to bring in expert testimony from another doctor. We work with real doctors who’ve testified for us before, and we’ve been very, very successful in representing the patient’s interests in these cases.
Medical malpractice cases are probably the toughest claims to make. Doctors will fight tooth and nail, and they know that the plaintiff is hoping to settle. When a jury is determining whether or not there’s malpractice, they’re often hesitant to find fault with a medical doctor from a reputable hospital. Depending on the typical juror pool, it can be even harder to find jurors who will find fault in medical treatments in some counties than others.
Some attorneys may not see medical malpractice involved in certain cases, while others do. For example, we handled a case involving a veteran who had hip replacement surgery on one hip one week and then returned to the same doctor for the other hip later. The doctor severed the nerve from the hip, not once… but twice. The veteran could no longer control either of his legs. Some people might say, “Well, that’s a risk that’s often associated with the normal course of hip replacement surgery.” We looked at that case and believed either the doctor did it on purpose or was completely negligent in the manner in which he did these hip replacements. We felt there was a cause of action involved. Every case is different, and even the way lawyers look at things makes a very big difference.
Who Exactly Is A Medical Malpractice Claim Being Brought Against? Is It The Individual Doctor Or The Hospital?
Every case is different. Maybe it’s the doctor who is actually treating who is wrong, who didn’t supervise properly, or who didn’t make the right suggestions during the procedure. Hospitals can be negligent for the wrongful hiring of a doctor. The hospital is always named in the lawsuit, as well as everybody involved in the treatment. The lawyer for the plaintiff has to go through all the records to determine who should be named as a defendant.
What Is The Time Limit To File A Medical Malpractice Suit In New York?
There are exceptions, but generally, the statute of limitations is two and a half years or at the end of continuous treatment. The patient should not make the determination; they should reach out to their attorney right away to assure that they are within the statute of limitations.
What Kind Of Evidence Can Help My Medical Malpractice Case? If There Is Limited Proof, Does That Mean I Don’t Have A Good Case?
Every case is different. One type of critical evidence would be another doctor’s evaluation as to what type of malpractice was performed. We also research the doctor’s background (their training, their experience, their qualifications) and how many satisfactory results from other patients they have. Let’s say you’re an ophthalmologist who suddenly decides to do liposuction. Are you trained to make that switch? Just because you have the title “doctor” does not make you an expert in every single area.
If a foreign object was left inside of you and then that object is retrieved, that would be helpful for our case. In some cases, we’ve found evidence of tampering with all of the records in a file. Amended records can help us.
We take depositions of everybody who was present and look at their entries in the medical records. We look for any conflict, such as someone noting a deviation in the procedure that caused the problem
If somebody thinks they have a claim for medical malpractice, it is not in their best interest to adopt the wait-and-see approach. Maybe it’s not so bad. Maybe I’ll get better. Maybe my eyes will heal in due time. That kind of thinking can only hurt you. The best thing to do would be to go and get a second (maybe even a third) opinion and talk to an attorney. Your attorney can advise you and might point you to certain professionals who won’t mind calling out the other doctor if they messed up.
Nobody wants to testify against their brethren, nobody wants to point somebody else out who’s practicing a mile, 10 miles, 20 miles away. Most people really don’t want to do that, and that’s why it’s very hard to get the trained professionals to fairly give an unbiased evaluation as to the nature of your claim for malpractice. You would need somebody outside of the pool of local practitioners in order to do so.
What Damages Could Be Available To The Injured Person In A Medical Malpractice Claim In New York? Is There A Cap On Settlement Amounts?
In medical malpractice cases, the damages are typically high, though how high often depends on what impact this malpractice will have on your life and your lifestyle. Let’s take a professional golfer who can no longer play golf because of his injured foot, for instance. His damages are greater than someone who golfs as a hobby.
We try to take into consideration all different levels of damage to your lifestyle. Are your shoulder problems keeping you up at night tossing and turning? Has your injury destroyed your marriage? We understand that there are elements in compensation, including lost wages/lost earnings and pain and suffering.
How Do They Calculate THE Potential Future Costs OF Surgery OR Treatment?
The worth of future medical treatments is the subject of expert testimony.
For more information on Medical Malpractices Cases in New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 467-0700 today.
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