Mistakes by doctors, nurses, pharmacists, diagnostic imaging technicians and other medical professionals can have life-altering consequences. Serious diseases go untreated, medication causes side effects and surgical mistakes have tragic results. Injured patients need compensation to pay for resulting medical bills, lost income and other costs. Choosing an attorney for medical malpractice cases case is one of the most important decisions you will make. Your lawyer should have a track record of success in this area and be able to explain complex legal issues in an easy-to-understand way.
The first step is to find a legal firm that has a reputation for handling medical malpractice cases. Your attorney should be willing to meet with you for a free initial consultation. He or she should have the resources to investigate your case thoroughly, work with medical experts and negotiate with insurance companies. Look for a firm that has won million-dollar settlements for clients.
You must also know that New York laws have limitations on how much you can recover for your injuries. These include caps on damages for pain and suffering, emotional distress and other non-economic losses. It is essential to hire a lawyer who understands the limits of your case and will fight to protect your rights.
Before your attorney files a lawsuit, both sides will engage in pretrial discovery. Your attorney will use the information gathered during this process to prove that the physician was negligent and that his or her negligence caused your injury. The physician’s attorneys will then present evidence to counter the plaintiff’s claims. These assertions are called defenses and they help judges and juries make their decisions.
If the jury finds that the doctor was negligent, your lawyer will need to present expert testimony about how your injury would have otherwise been prevented if the doctor had been competent. This expert testimony will be used to help determine the amount of damages you should receive.
Depending on the type of injury you suffered, your lawyer may need to file a lawsuit against several different parties. In addition to physicians, hospitals and clinics, other people who could be liable for your injury include laboratory and diagnostic test providers, manufacturers of medical devices or drugs and ambulance attendants.
Raphaelson & Levine Law Firm has helped thousands of injured people recover compensation after suffering from medical negligence. They have offices in Midtown-Manhattan, Brooklyn and Queens and serve clients throughout the New York metropolitan area. They have handled medical malpractice cases for many years, and their team of skilled lawyers has extensive experience in this field.