How a Medical Malpractice Lawyer Works

Medical malpractice claims are among the most complex legal cases. It takes a very experienced lawyer to build a strong case that maximizes the chance of winning damages in court. A good attorney will investigate the circumstances surrounding the medical error and identify all possible causes of the injury, pain, suffering, hardship, loss of income or expenses, and damage to your quality of life. The lawyer will also work closely with medical experts to help prove the case.

Medical negligence is a form of malpractice that occurs when a health care provider violates their professional duty to patients. Doctors have a duty to adhere to certain standards of care, and when they fail to do so and a patient suffers an injury or illness as a result, the injured person may sue for compensation.

A New York Medical malpractice lawyer will carefully review the details of your case and decide whether you have a viable claim. If so, the lawyer will file a complaint against the medical provider and begin the discovery process. During the discovery process, both sides will hire expert medical witnesses to examine the case and determine whether there was a breach of the standard of care and that the breach directly led to your injuries.

The doctor’s deposition is the most revealing part of the legal process in a medical malpractice lawsuit. Depositions are typically attended by attorneys for both sides and sometimes by the doctor’s insurance company. During the deposition, the medical malpractice attorney will question the witness under oath. Then, the defense attorney will cross-examine the physician to see if there is any evidence of malpractice.

If you are injured by a doctor or other medical professional, it’s important to hire a New York medical malpractice attorney as soon as possible. In many cases, a statute of limitations applies that limits how long you have to file a claim for compensation. The statute of limitations generally starts when the negligent act occurred. The statute of limitations does not apply in every situation, so it’s best to consult an experienced New York medical malpractice lawyer about your circumstances.

Injured patients deserve to be compensated for their losses. Damages are usually awarded in two categories: actual financial loss, which includes the cost of past and future medical treatment and lost wages; and non-economic damages such as physical and emotional pain and suffering. Your New York medical malpractice lawyer can assist you in determining what your total damages are and how much compensation you should receive.