When medical professionals make mistakes that result in injury or death, the consequences can be devastating. A New York City Medical malpractice lawyer can help you understand your legal rights and fight for the compensation you deserve.
Malpractice claims involve allegations that a healthcare provider owed a duty to the patient and breached that duty by providing substandard care or treatment that caused significant injuries. Such claims can include birth injuries such as injuries to the infant during labor or shortly after delivery, misdiagnosis of an illness, disease, or condition, and surgical errors.
Almost all healthcare providers, including doctors, nurses, physical therapists, pharmacists, and chiropractors, must provide a standard of care to patients. However, not all medical professionals adhere to these standards of care. If you or a loved one has been harmed by a healthcare provider’s actions, you may be eligible for compensation for current and future medical expenses, lost wages, pain and suffering, and more.
To prove a claim of medical negligence, you must demonstrate that the following four elements are present:
The existence of a physician-patient relationship. This means that you sought the medical professional’s care and agreed to be treated by them. A duty to act within the standards of practice established by the healthcare industry. This is a common law duty, and it is not limited to any particular body of laws. A breach of that duty. This is when the medical professional fails to act in accordance with the accepted standards of practice, either carelessly or knowingly. A causal link between the breach of duty and the injury or death you experienced. This is often the hardest element to establish.
Medical malpractice claims can be complicated, which is why you should only work with a New York City medical malpractice attorney who has experience handling these types of cases. A lawyer who specializes in medical malpractice will have extensive knowledge of the medicine involved, as well as how to properly investigate and prosecute a case.
If you decide to hire a lawyer, ask them about their past medical malpractice case history and how many of those cases they have won or settled. This will give you an idea of their track record and how likely they are to successfully represent your case.
Also, consider whether you like the lawyer and feel comfortable working with them. Medical malpractice attorneys should be able to explain how their approach to the case will benefit you, as well as what they think a reasonable settlement offer would be for your claim. If a lawyer is unable to answer these questions satisfactorily, you should probably continue shopping for a new attorney. You should also inquire about how long the attorney has been in practice, as this can indicate how much experience they have handling medical malpractice cases. This will be important if your case goes to trial. In addition, if the lawyer has any special interests or affiliations that might impact the outcome of your case, such as being part of a medical board or having other commercial associations, you should make this clear to them.