Medical malpractice involves a physician violating his or her professional duty of care to patients. The consequences of this type of negligence can have devastating effects for the patient, including permanent and debilitating injury or death. Medical malpractice claims can also increase health care costs by generating insurance premiums, administrative costs, and by altering physician behavior in anticipation of litigation. This latter effect has been the subject of significant efforts to promote tort reform.
A lawyer who specializes in medical malpractice understands the complicated medical and legal aspects of these cases. They are able to explain these complex issues in terms that a jury can understand. They have the experience necessary to evaluate all of the evidence in a case and determine whether a claim for damages is warranted. They will also handle every critical detail of a lawsuit, from obtaining and reviewing medical records to communicating with the defendant physicians’ insurance companies.
In order to sue for medical malpractice, a plaintiff must prove that a healthcare provider committed a negligent act or omission in the course of his or her treatment. This includes all types of healthcare providers, from doctors and nurses to hospitals, therapists and diagnostic test centers. The claim must also show that the injury caused by the negligence was a direct result of that treatment.
The injuries or damage caused by the malpractice must be substantial and result in financial losses for the patient. This can include current and future medical expenses, lost wages, the cost of replacing household items and the loss of enjoyment of life. In addition, the patient must have an underlying condition that would have existed even in the absence of the medical error.
When an injury occurs because of a health care provider’s negligence, it is crucial to consult with an experienced attorney right away. A good New York City Medical malpractice lawyer can help you recover the compensation you need to get back on your feet after such an incident.
One of the most important things you can do to prepare for your medical malpractice lawsuit is to make a list of all of the health care providers you have seen for the medical condition that was the basis of your claim. Your lawyer will need this list to request your medical records from all of the healthcare providers you have seen, including doctors, therapists and hospital departments. Your attorney will also need this information in order to conduct discovery, which is a process through which parties in a lawsuit exchange documents and take depositions.
Many people who have been injured because of medical malpractice accept undervalued settlement offers from insurance companies early in the process. This may occur because they don’t know the true value of their claim or because they are too overwhelmed by their situation to fight for their rights. A seasoned New York City medical malpractice lawyer will help you avoid selling yourself short by advising you on the full amount of your claim and negotiating with insurance representatives.