What Does a Medical Malpractice Lawyer Do?
A medical malpractice lawyer is a specialist who assists a patient who believes that they have been harmed by negligent healthcare providers. Such cases can be highly complicated legal actions that require extensive research and investigation. This may involve a lengthy process of obtaining information from various sources including medical records, hospitals, doctors, insurance companies and other healthcare facilities. This can include making formal written requests or subpoenas for medical billing records, expert opinions and hospital protocols.
The law states that a patient has the right to sue if they believe that a doctor, nurse or other healthcare provider has committed an error in treatment that caused injury and/or harm. Such errors are generally defined by a deviation from the standard of care that a reasonable medical practitioner would have adhered to in similar circumstances. This may include the wrong diagnosis or treatment, surgical mistakes or a failure to monitor a patient’s condition.
Malpractice lawsuits can be very expensive and time consuming to pursue and complete. Many attorneys will only accept a case that they feel is meritorious and where the potential financial compensation is relatively high. Unfortunately, this means that some legitimate claims are never brought to court.
When a claim for medical malpractice is brought to trial, the plaintiff must prove that the physician’s actions were indeed negligent and that they could have been prevented had another qualified medical professional acted in the same manner. The proof required for this will often be extremely technical and will rely heavily on comparing the doctor’s actions to what one of their peers would have done in the same circumstance. An experienced Medical Malpractice attorney can assist in finding a competent expert witness who can provide this evidence in court.
The type of compensation available for a victim of medical malpractice will depend on the extent of their injuries and losses. There are two main categories of damages available, known as economic and non-economic. The former includes reimbursement for the actual expenses incurred as a result of the medical error, such as medical bills and lost wages. An injured patient’s New York Medical malpractice lawyer may also make a claim for anticipated future expenses such as medication and rehabilitation costs.
Other types of damages can include pain and suffering, loss of companionship and other non-financial losses. This can include emotional distress, physical impairment and the inability to enjoy life to the same extent as before the medical error occurred. New York medical malpractice victims may also be entitled to punitive damages in certain cases. These are designed to punish the defendant and deter others from engaging in the same kind of misconduct.
A medical malpractice lawsuit can be an overwhelming experience for a victim. Unless a victim is represented by an experienced New York Medical Malpractice Lawyer, they will often find themselves struggling with powerful insurance companies, and will be forced to settle for less than their full entitlement. This can be especially true in cases involving complex issues such as surgical errors.