If you’re dealing with a medical malpractice case, you need a lawyer who has the experience, skills, and resources to win. It takes time to investigate these cases, gather evidence and build a compelling argument for your claim. A successful lawsuit often results in a significant award that will help you pay for your injuries. Choosing an attorney for your case is one of the most important decisions you will make in your lifetime.
You want an attorney attorney for medical malpractice cases who is dedicated to the success of your case. When you meet with attorneys, ask them how many medical malpractice cases they have handled and what their record is like. A good medical malpractice lawyer should also be able to explain the legal process and answer any questions you may have.
It’s also important to understand that mistakes by doctors do not automatically lead to a malpractice lawsuit. For a case to be valid, the mistake must cause injury. Lots of mistakes don’t harm the patient, or the injury that follows is minor. Patrick Malone, an attorney who represents patients in malpractice suits, says he triages cases to focus on those that result in permanent injury. “If I can’t prove the injury is severe enough, there’s no point in spending a lot of money and time on it,” he said.
When you file a malpractice suit, New York law requires that the lawsuit be filed within a certain period of time after the injury. This deadline can vary, but it is usually about 2 years after the error occurs. Our lawyers spend hours going over voluminous medical records to ensure they have a strong case that your injury was caused by the doctor’s negligence and that you are eligible for compensation.
Some states have laws that limit how much you can receive in a malpractice case. A good New York medical malpractice attorney will be able to argue your case to the highest level so that you are compensated fully for your injury.
Your lawyer can also help you decide whether to opt for a lump-sum payment or a structured payout over a longer period of time. Lump sum payments are simpler and offer more financial flexibility, while structured payments provide a steady stream of payments for an extended period of time.
Your lawyer will need to have access to medical experts, including a board-certified physician in your field of injury. If you have to bring your case to trial, expert witnesses will be needed as well. In addition, your lawyer will need to take depositions of any key witness in your case, such as a nurse who was present during the medical error or a surgeon’s assistant who witnessed the error. A strong deposition can be the key to winning your case. Our lawyers are well-versed in conducting effective medical depositions to build a solid case for you. Our firm has successfully litigated a large number of medical malpractice cases and won significant awards for our clients.