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New York Medical Malpractice Lawyer

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Medical malpractice is generally defined as an error or omission that is a deviation of the standard acceptable standards of care by a medical professional that leads to injury or death. This is a simple explanation for a very complex legal case. There are reasonable mistakes that a doctor or other health care provider may make while following a reasonable standard of care. In these cases it can be difficult to prove negligence and therefore more difficult to collect damages. Each case is so different that it is difficult to use black and white language to gauge if the facts add up to a legitimate claim. Medical professionals are, by law, required to have professional liability insurance so they can offset the costs and risk of lawsuits that are based on medical malpractice.

Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded defense firms. Even within the specialized practice of medical malpractice law, some lawyers have sub-specialties of practice, for example focusing on surgical errors, misdiagnosis, or birth trauma cases.

A medical malpractice attorney will be able to tell you if your situation has a good chance of meeting the minimum requirements to present a successful case. In these cases, a health professional can mean a doctor, nurse, therapist or dentist. As the plaintiff the burden is on you to establish that the medical professional did not meet the legal duty applied to them when they take on the care of a patient. You must be able to prove that the standard of care was breached and that this resulted in your injury. A violation of standard of care may mean neglecting to provide medication or doing the procedure incorrectly. You also must prove that your injury resulted in lost wages or a loss of income, increased medical costs or even emotional trauma. Most courts will require that a medical expert lay out your case unless the injury or death was so egregious that it can be explained in common terms.

There are specific elements in a medical malpractice case that have to be brought forth in order to have a case work. They have to show that a duty was owed, meaning that there is a legal duty that exists whenever a health care provider or hospital engages in the care or treatment of a person. Showing that the duty was breached is important, meaning that the provider did not conform to the standard of care that is relevant to their case. This is proven by an expert testimony or by obvious errors. One has to show that the breach caused an injury, and what the specific damages are. If there are no damages, then there is no basis for a claim, even if the medical provider was negligent.

If you are unable to retain an attorney, you can seek out a lawyer that works on contingency. This means that they will pay the costs and will only be paid for their time and expenses if you win. In some circumstances, there may be some expenses at the end if your case is lost, but they should be minimal. This will be agreed upon at the time you retain your attorney. In New York, the statute of limitations is two and a half years. This means as the claimant you must file your suit within that window of time. There are some exceptions to the rule. If a surgeon leaves a sponge inside you during a surgery and you discover it a year later you have a year from the date of discovery to file your claim. Contact your local Bar Association for a list of attorneys and research them to find the best person to defend your case.