When a medical professional commits an act of malpractice, patients who are hurt as a result may be able to file a claim for damages. This can include the cost of medical care, support for time missed from work, and compensation for pain and suffering. However, the process of filing a medical malpractice lawsuit can be complex and frustrating for victims and their families. The good news is that an experienced New York City Medical malpractice lawyer can help.
In order to file a medical malpractice claim, the patient must be able to show that the doctor or other medical provider breached their duty of care. This means that the doctor acted in a manner that is inconsistent with his or her training and experience, and that this action caused actual harm to the patient.
It is also important for the patient to be able to prove that the injury or illness that he or she suffered was directly caused by the doctor’s error. This is why it is often so important for the patient to have a strong relationship with his or her doctor, and to try to work out any issues with the medical professional. For example, if a physician makes an unavoidable mistake that results in an infection or injury, the physician may be willing to pay for additional surgeries and medication needed as a result of this error.
Many states have caps on the amount of money that a plaintiff can receive in a medical malpractice case, which can make pursuing such claims challenging. However, an experienced medical malpractice attorney can negotiate with insurance representatives and argue your case in court to reach the best possible outcome for you.
In addition to negotiating with insurers, a skilled medical malpractice attorney can call on the services of expert consultants and medical professionals to bolster your case. This can significantly increase your chances of success in a case, and improve the likelihood of achieving a fair settlement offer.
When hiring a legal team, the first step is to do some research. Check online to find a lawyer who focuses on medical malpractice, and has a track record of success in this area. You can also ask friends or family members for recommendations and referrals, but make sure to do your own research as well. Once you’ve found a few potential lawyers, schedule a meeting and discuss your case with them.
During the deposition, attorneys for both parties may question the medical professional, or “deponent.” The questioning is called direct examination and cross-examination. The deponent must answer questions under oath, and the attorneys can question them about their medical knowledge and past experiences. In addition to medical professionals, some depositions are attended by a representative from the insurance company that provides malpractice coverage to the doctor. The deponent is asked to answer questions about their work history and training, and what they would do in your situation.
