Medical Malpractice Lawyer
Guaranteed lifetime payment secured for an eleven-year-old girl from the Caribbean who was seriously injured after being struck by a van while crossing the street. The client sustained a fracture of the left wrist and underwent surgery to her knee and lower back.
New York Medical Malpractice Lawyer
Medical malpractice describes situations in which doctors cause harm to their patients. These situations are unfortunately quite common, and injured patients in New York may wonder if they have any options available for compensation. It’s important to know your rights if you’ve suffered injuries at the hands of a health care professional. Navigating a medical malpractice lawsuit can be daunting and extremely complex – it’s vital that injured patients seek experienced legal representation from a New York medical malpractice attorney following their injury.
Medical Malpractice Claim
Medical malpractice cases function in many of the same ways as other personal injury cases. In order to win your case, you must establish your doctor was negligent. Successful claims require four basic elements:
- The plaintiff (the injured party suing) must prove that a doctor-patient relationship existed with the defendant (the doctor being sued).
- The doctor was negligent in his or her care. To prove this, you’ll have to show that the doctor was grossly negligent (grievous errors in care that even non-medical individuals could have recognized as errors, such as reading an x-ray backward and amputating the wrong limb), or another reasonably skilled doctor in the same situation would have done things differently.
- The doctor’s negligence caused an injury. In most malpractice cases, the plaintiff was already injured or ill at the time the doctor’s negligence took place. The plaintiff must be able to prove that the injury in question was “more likely than not” caused by the doctor’s negligence.
- The plaintiff’s injuries resulted in damages. You can only sue for compensation if you sustained harm.
Damages for Medical Malpractice
If you are preparing a medical malpractice lawsuit in New York against a negligent party, the circumstances of your case will determine the types of compensation you would receive if you won in court. Typically, medical malpractice cases involve general, special, and punitive damages. General damages cover the plaintiff’s pain and suffering. It’s impossible to determine the exact monetary worth of intangible damages, but a judge will decide a reasonable sum for the physical pain and mental distress suffered by the patient, their lost future earning ability, and diminished quality of life. Special damages are more easily quantified and include lost wages from time spent out of work, medical bills, and the costs of necessary ongoing treatments. The court may award punitive damages in cases where the doctor knew he or she was harming or endangering the patient. An example of this would be a doctor sabotaging a surgical procedure so that the patient would require a second surgery. Some states place limits on how much an injured patient may recover from a medical malpractice lawsuit. Sometimes, the court reduces the plaintiff’s awarded damages by the amount of compensation he or she receives from other sources, such as insurance payouts. Additionally, if a patient dies from medical malpractice, survival and wrongful death statutes (which vary among states) limit compensation for surviving loved ones. Survival statutes typically limit the plaintiffs to collecting compensation for damages that took place between the event in question and the victim’s death, while wrongful death statutes compensate them for the deceased’s lost future income.
Contact Our Experienced Medical Malpratice Lawyer
Due to the complex nature of medical malpractice cases, securing a reliable attorney is paramount. The success of these cases often depends upon expert witness testimony, extensive evidence and documentation, and legal acumen to make a compelling case in front of a judge. If you believe you have a medical malpractice case contact the New York personal injury lawyers at Omrani & Taub for a free case evaluation. Call our office today at (718) 714-1515.