When medical professionals make mistakes, it can have life-altering consequences. Wrongful death cases, birth injuries and traumatic brain damage are just a few of the ways in which medical malpractice can harm patients. A skilled New York Medical malpractice lawyer can help victims receive fair compensation for their losses.
The first step is to determine whether a claim has merit. A New York medical malpractice attorney will look into the facts of the case to determine if the physician violated their duty of care in any way. A breach of this duty of care must be shown to have caused injury or loss.
Medical malpractice claims are often complex. A medical expert may be hired to review the evidence and provide testimony. A New York medical malpractice lawyer can find the best expert for your case and negotiate a reasonable fee for their services.
Doctors have a legal responsibility to provide the level of care that would be provided by other similarly qualified medical professionals. This includes the diagnosis, treatment and monitoring of your condition. The New York medical malpractice lawyers at Lipsig, Shapey, Manus & Moverman can help you determine the standard of care for your particular case and show that your doctor or hospital failed to meet this standard.
Once the New York medical malpractice attorney establishes that a breach of this duty of care occurred, they must then prove that the negligence directly caused the injuries you suffered. This is called causation. For example, if you have prostate cancer and your doctor recommends that you undergo a prostatectomy, they must inform you of the risks of the procedure, including incontinence and impotence. If they do not warn you of these risks and you undergo the surgery, you can sue for medical malpractice if you suffer complications from the operation such as incontinence or impotence.
Your New York medical malpractice lawyer will also need to prove that you have suffered financial losses as a result of the medical error. Economic damages cover expenses such as medical bills and lost wages. Non-economic damages are more difficult to prove but may include pain and suffering, loss of consortium and emotional distress. Your New York medical malpractice lawyer can help you calculate the dollar value of these types of damages.
Depending on the severity of your case, the medical institution that committed malpractice may attempt to avoid a trial by offering you a settlement. The attorneys at Lipsig, Shapey, Manus and Moverman can negotiate a better settlement for you.
During the pretrial discovery process, a New York medical malpractice lawyer can subpoena doctors and other medical experts to appear in court for depositions. The attorneys for both sides will question the witness, referred to as a “deponent,” through a process known as direct examination and cross-examination. In addition to attorneys for both parties, the deponent’s insurance company may also be present at the deposition. If the deponent does not answer questions satisfactorily, the attorney for the plaintiff can request a redirection or recross-examination.
