If you or a loved one has been injured due to a doctor, nurse, or other healthcare professional’s mistake or negligence, our firm can help. Our attorneys are experts at uncovering malpractice and holding physicians accountable for their actions. We know the impact that medical errors can have on an individual and their families, including significant financial losses, long-term treatment, and emotional distress. This is why we fight to ensure that those who have been hurt by medical malpractice receive compensation for their injuries.
Medical Malpractice
In New York, medical malpractice Attorney for medical malpractice cases committed to clients’ rights is a form of professional negligence that occurs when a health care provider’s treatment falls below the accepted standard of practice in the community. This can include a misdiagnosis, surgical error, or failure to treat a serious illness. The consequences of these errors can be catastrophic, resulting in permanent damage, life-threatening complications, or even death.
The first step to bringing a claim of malpractice is to show that the health care provider had a duty to provide you with competent care. This duty can be in the form of a legally binding contract, or it can be implied from the fact that the health care provider is a professional who is licensed or certified by the state to perform certain procedures. You must also prove that they breached this duty by establishing that their actions fell below the level of care that is generally provided under similar circumstances.
Once you have met these criteria, you and your attorney can move forward with the legal process of filing a malpractice lawsuit against the defendant physician. This is accomplished by filing a summons, claim form, or complaint; these legal documents are known as the pleadings and set forth the alleged wrongdoing and demand for relief. The next step is service, which typically involves physical delivery of the pleadings by a process server and an affidavit of service. The defendant physician then has a limited amount of time to respond.
Your lawyer can then gather all the evidence available to support your case and present it to a jury for review. This includes demonstrating that your injury is directly related to the defendant’s negligent actions, as well as making a compelling argument for compensatory damages. Generally, this type of compensation is awarded to reimburse you for your actual economic losses, such as medical bills and lost wages, but you may also be entitled to non-economic damages, such as pain and suffering.
Depending on the facts of your case, you may be able to file your claim in both state and federal court. In some situations, it may be necessary to do this to prevent your opponent from using the same defenses in both cases.
When choosing an attorney to represent you in a medical malpractice case, it is important to find out what kind of experience they have with this type of claim. You should also inquire about their fees and their track record. Be wary of any lawyer who guarantees a specific result or overstates their ability to win your case.