A medical malpractice lawsuit is a serious matter that involves allegations of negligence by doctors, nurses, and other healthcare professionals. This type of lawsuit is one of the most complex and difficult claims to prove, which means it’s important to work with an experienced attorney who has a proven track record in this area of law. A good New York Medical malpractice lawyer will work to gather as much information about your case as possible, which can help them build a strong argument on your behalf.
Generally speaking, you’ll have two years and six months from the date of your healthcare provider’s mistake to file a claim. However, it’s essential that you get in touch with a lawyer as soon as possible so that they can start gathering information and ensure that your claim meets the requirements of a viable claim. For instance, you’ll need to be able to show that the medical error caused significant health complications and resulted in disability, unusual pain or hardship, loss of income, or medical expenses.
The first thing a medical malpractice attorney will do is review your medical records and determine what exactly happened. They’ll then conduct “on the record” interviews with you, the medical professional(s) who are accused of malpractice, and any other witnesses that can offer insight. This process is called pretrial discovery, and it’s critical for your attorney to have access to as much information as possible before the trial begins.
Once your attorney has gathered this information, they’ll start working with medical experts to help support their argument. During the trial, they’ll present this evidence to the jury and try to convince them that it was more likely than not that the physician(s) failed to meet their duty of care. The jury will then decide on a verdict based on this evidence.
If your New York medical malpractice lawyer is successful in their arguments, they’ll be able to get you compensation for the damages you’ve suffered as a result of the medical error. These damages can be broken down into categories including financial losses (like medical expenses and lost wages) and non-financial losses (like pain and suffering).
A quality New York medical malpractice lawyer will have a combination of courtroom experience and private negotiation skills. Most medical malpractice cases end up reaching a settlement outside of the courtroom, so it’s crucial that your attorney has both of these abilities.
