When a medical injury occurs due to a hospital, doctor or other health care provider’s negligence, a victim may be entitled to compensation for losses such as pain and suffering, lost wages and out-of-pocket expenses. The best way to pursue financial compensation from a medical mistake is to hire an NYC medical malpractice lawyer, such as one from Greenstein & Milbauer, LLP. An attorney will make sure that all claims are submitted to insurance companies and that clients receive the maximum possible settlement for their injuries.
Medical injury attorneys specialize in claims against doctors, nurses, dentists, therapists, technicians, hospitals and other health care providers for malpractice or negligence. Examples of malpractice include surgical errors, birth trauma, improper treatment methods, failure to diagnose a condition or a misdiagnosis. A claim can also be filed if a patient is not informed of risks associated with a procedure or diagnosis.
Malpractice lawsuits can be some of the most complex and challenging Medical Injury Attorney to prosecute. Unlike car accident cases, which usually involve a straightforward case of negligence, medical malpractice claims require a thorough examination of medical records and expert testimony to prove that a healthcare professional breached their duty to the patient and caused an injury. The legal team must also prove causation and damages.
The legal process for a malpractice lawsuit can be very time-consuming and expensive. It is important to contact a skilled attorney as soon as possible after an injury, as New York law sets forth a statute of limitations for filing medical malpractice claims of 2.5 years 30 months.
An experienced lawyer will conduct an investigation to gather evidence and determine who should be held liable. This investigation can involve taking depositions, requesting medical experts to review your case and request your medical records. A law firm will help you fight unscrupulous insurance companies that often give victims the runaround, delay and deny their claims until they agree to a low-ball settlement or until their statute of limitations expires.
It can be difficult to find a qualified and competent medical malpractice attorney, as many of these lawyers have special knowledge of the ins and outs of medical negligence claims. A good place to start your search for a medical negligence attorney is by asking other lawyers for referrals. If you have worked with a lawyer on other legal matters, such as real estate closings, divorce or bankruptcy, that lawyer may be able to refer you to a medical malpractice attorney who can handle your case.
Medical negligence claims can be very complicated, and they can be extremely frustrating for victims who are seeking compensation. A seasoned lawyer will be able to help you recover the compensation you deserve. In addition to proving the four elements of medical malpractice, your attorney can help you secure financial compensation for medical bills, lost wages, future and ongoing care costs and other special and non-economic damages. If your claim is particularly compelling, a jury could award you punitive damages as well.