Medical malpractice claims are some of the most complex and challenging personal injury cases. A New York Medical malpractice lawyer can help you file your claim and win fair compensation for your losses. There are several key elements of a successful medical malpractice lawsuit.
The first element is establishing that the doctor-patient relationship existed. This usually requires the attorney to gather a significant amount of medical records and other documentation. The lawyer then needs to establish that the physician owed the victim a duty of care. This means that the doctor had a responsibility to provide the same level of care as any similarly-qualified professional would have provided under similar circumstances. The next element is demonstrating that the doctor breached this duty of care by failing to adhere to the current acceptable standard of care. This often requires expert witness testimony from another health care provider with similar training, education, and experience.
A third element is proving that the victim suffered injuries as a result of this breach. The victim can suffer damages for a number of different things including medical bills, loss of income due to missed work, pain and suffering, and more. In some cases, the victim may be entitled to additional compensation called special damages. These damages are intended to reimburse the victim for any out-of-pocket expenses they have incurred or will incur as a result of the medical malpractice.
The fourth and final element is establishing that the doctor or hospital’s negligence directly caused the victim’s injuries. This element usually requires extensive pretrial discovery and depositions of witnesses such as the victim, the doctor(s) accused of malpractice, and anyone else who may have a relevant perspective on the incident. The attorneys will question these witnesses under oath using a process called direct examination and then cross-examine them to get the facts of the case.
It is important to have a medical malpractice lawyer early on as these types of claims are time sensitive. The statutes of limitations in New York allow for a limited time frame during which a medical malpractice lawsuit can be filed.
A New York medical malpractice lawyer can assist you in filing a claim for the financial damages you deserve as a result of being harmed by a careless healthcare provider. They can fight for you to receive the money that will cover present and future medical expenses, loss of income, emotional distress, and more. They can also pursue punitive damages in some cases where the defendant’s actions are particularly egregious or blatantly negligent. This type of award is meant to send a message to other healthcare providers that their behavior is unacceptable.