When you’re injured due to the negligence of medical professionals, a medical malpractice lawyer can be your best ally. They have the experience and knowledge to help you recover full and fair compensation for your losses. They know how to work with the doctors and insurance companies involved, and can prevent you from accepting lowball settlement offers.
Malpractice is defined as a failure to meet a standard of care established by medical experts and accepted by the court system. In order to sue for malpractice, you must prove that the doctor breached this duty of care and this breach caused actual harm. Malpractice cases can involve a wide range of injuries, from physical to emotional. Some examples include birth injuries, brain damage, and wrongful death.
In New York, a patient can sue for damages that include past and future expenses related to their treatment, pain and suffering, loss of enjoyment of life, lost wages, loss of consortium, funeral expenses, and other financial and non-financial losses. In some instances, punitive damages are awarded, which are intended to punish the medical professional and send a message that such behavior will not be tolerated.
Depending on the severity of your case, you may need to file claims against multiple parties. Physicians, hospitals, nurses, aides, pharmacists, medical device manufacturers, and testing laboratories could all be responsible for malpractice. It is often advisable to have multiple New York medical malpractice attorneys working on your claim so that you can obtain maximum compensation.
The first step a Medical malpractice lawyer takes when representing a client is to gather all available medical records in the case. They will then review these documents to understand what happened, and to compare it to the standard of care. They will also interview medical experts to help them build a strong case. Then, they will take part in on-the-record interviews, known as depositions, with the plaintiff, the defendant(s), and other witnesses that will support their claims.
One of the most common reasons for a malpractice lawsuit is because of the doctor’s failure to diagnose a condition properly. This can be due to a number of factors, including not taking into account the patient’s history, not ordering proper tests, or simply misinterpreting test results. Failing to diagnose a condition can lead to more serious health complications, additional treatments, and even death.
Another common cause of malpractice is a surgical mistake. For example, if a surgeon leaves an instrument in the body after completing a procedure, this can result in additional procedures, infections, and injury to surrounding structures. These types of mistakes are fairly easy to prove. However, proving that the physician was negligent and this negligence resulted in actual harm can be challenging. That’s why it’s important to have a skilled attorney on your side. The legal team at Abend & Silber have a proven track record of success in medical malpractice cases. Contact them today to learn more about your options for filing a lawsuit.