Medical malpractice lawyers can help injured patients and their families with the many problems that can arise in these cases. A successful lawsuit can pay for expenses, acknowledge the impact of a victim’s injuries and provide compensation for pain and suffering.
A successful Medical malpractice lawyer case is based on a physician’s failure to fulfill a duty of care to his or her patient by falling below the appropriate standard of care in a particular situation. There are many types of medical errors that could fall into this category, including operating on the wrong body part, leaving a tool inside the body after surgery, failing to diagnose an illness or disease, prescribing the incorrect medication, administering too much or too little anesthesia and other preventable mistakes that can result in serious health complications.
Doctors must follow a set of guidelines and standards that are accepted within the medical industry. They must also keep up with the latest medical knowledge and technology in order to treat their patients properly. However, despite the best efforts of medical professionals, mistakes do happen.
To have a successful claim, there needs to be a direct link between the breach of the standard of care and the injury or illness. This is known as causation and can be a challenging element in a malpractice suit.
A New York medical malpractice attorney can assess the facts of your case and determine if you have grounds to file a lawsuit. A legal team can identify all parties who might be responsible for your injuries, including doctors, nurses, pharmacists, hospital staff members and doctors who read test results. They can also determine which experts need to be hired for a medical malpractice suit and whether the claim can be settled out of court or if you will need to go to trial.
Most physicians in the United States carry malpractice insurance that covers them in the event of unintentional injury or death. Often, this is required as a condition of hospital privileges and employment by a medical group. However, not every physician carries insurance and even those who do have insurance may be sued for medical negligence if an error occurs.
The first step in a medical malpractice suit is to serve the defendant with a notice letter, which advises them of your intent to sue. This is not a lawsuit and does not require filing with the courts, but it puts them on notice of your potential claim and encourages presuit negotiations.
Damages that can be awarded to victims of medical malpractice include economic and noneconomic damages. The most obvious economic damages are the cost of medical bills and lost wages resulting from being unable to work due to your injuries. Noneconomic damages can include pain and suffering, mental distress and loss of consortium. The last of these can be an especially devastating factor in a malpractice case. It reflects the loss of the closeness that can occur between spouses and significant others as a result of a medical mistake.