When medical negligence occurs, a victim is often entitled to significant financial compensation for a number of losses. These can include past and future medical expenses, lost wages, disability, and pain and suffering. In some cases, a patient may be eligible for punitive damages intended to punish the defendant in his or her malpractice case and send a message to others in the medical field that such behavior is unacceptable.
When selecting an attorney for a attorney for medical malpractice cases, it is important to look at the firm’s track record and the attorney’s personal background. A good lawyer for a medical malpractice case will be highly experienced in representing clients who have been injured by doctors, hospitals, and other healthcare institutions. It is also important to make sure that the attorney is familiar with the complexities involved in medical malpractice cases.
In order to successfully file a claim for medical malpractice, it is essential to establish that the defendant had a duty of care to the plaintiff. For example, if a doctor agrees to perform a surgery on a patient, the physician has a legal and moral obligation to provide competent care. To prove that a healthcare professional failed in this duty, it is important to obtain expert witness testimony.
It is also important to review the medical malpractice statute of limitations in your state. This is the deadline by which you must file your lawsuit in court. Generally, you will have two years and six months from the time of the malpractice to file a lawsuit. If you miss this deadline, it is likely that your case will be dismissed.
After establishing that a medical professional breached his or her duty of care, the next step is to determine how this failure caused the injuries you suffered. In many cases, this requires the use of expert witnesses to explain to a jury how the defendant’s actions were negligent and amounted to a breach of the standard of care.
In addition to proving negligence, a skilled attorney for a medical malpractice case will be able to secure the best possible settlement. Many attorneys for medical malpractice cases work on a contingency basis, which means that they will only get paid if the client receives a settlement or judgment. Some law firms may also pay upfront costs associated with a case, and then deduct those fees from the client’s portion of any compensation received.
The lawyers at Rheingold, Giuffra, Ruffo & Plotkin are experienced in handling complicated medical malpractice claims. They regularly assist clients who have been harmed due to misdiagnoses, surgical mistakes, birth injuries, and other medical errors. In addition, the firm has successfully argued cases before New York’s highest court, the Court of Appeals. For more information about how the firm can help you, call to schedule a free consultation. The initial consultation is free and is typically limited to 30 minutes. The law firm serves clients throughout the greater New York area, including Manhattan, Brooklyn, and Queens.