Whether your physician’s mistake resulted in an adverse outcome or you have lost income from missing work, medical expenses, or other losses associated with your injury, it is important to seek legal representation as soon as possible. An experienced Medical malpractice lawyer can evaluate your claim and determine the amount of compensation you may be entitled to receive for all of your damages.
A lawyer will work with medical experts and other witnesses to build a case for you that meets the requirements of a viable claim under New York law. To successfully bring a lawsuit for medical negligence, the plaintiff must first establish that the defendant had a doctor-patient relationship with the victim and that the plaintiff suffered injuries directly caused by the defendant’s failure to provide a reasonable level of care. Typically, both the plaintiff’s and defense attorneys will hire expert medical witnesses to review the medical evidence of the case and determine if there was negligence and, if so, whether that negligence directly caused the injury.
Many people find that it is difficult to know who is liable in the aftermath of a medical error or injury. In addition to physicians, hospitals, and nursing homes, claims can be brought against a wide variety of healthcare providers including physical therapists, dentists, chiropractors, pharmacists, and psychologists. Victims and their families often bring multiple claims against responsible parties to maximize their chances of achieving full and fair recovery for all the losses they have suffered.
Before a settlement can be reached, the lawyers for both sides will need to agree on a value of the damages to which the victim is entitled. These include both actual economic losses, such as past and future medical costs and loss of earnings, as well as noneconomic losses, such as pain and suffering. In some cases, such as wrongful death, the jury will be asked to decide on a guaranteed payout for these damages.
When the settlement is agreed upon, the lawyer will negotiate with the insurance company to ensure that any settlement offers cover all of the victim’s losses. He or she will also advise on whether a lump sum settlement or structured payments over time are best for the client’s needs and financial situation.
Medical malpractice claims are complex and require the expertise of a qualified attorney. If you or a loved one has been injured by the negligence of a medical professional, contact the experienced New York City malpractice lawyers at Dalli & Marino LLP to discuss your case. They serve clients throughout New York City, Brooklyn, the Bronx, Queens, Staten Island, and Long Island. Call today to schedule a free consultation. Whether you choose to file your lawsuit in state court or in federal court, the firm can help. The firm’s office is located in midtown Manhattan. The lawyers have extensive experience with medical malpractice and serious personal injury matters, including car accidents, slips and falls, and wrongful death cases.