Medical malpractice cases are more complex than traditional personal injury claims. Doctors undergo specialized training and satisfy state licensing requirements designed to ensure that they are qualified to treat patients. However, even the most skilled medical professionals can make mistakes. These mistakes can have serious consequences for the patient. A good Medical malpractice lawyer can help victims of medical malpractice receive the compensation they need to recover from their injuries. Before you hire a lawyer for your medical malpractice claim, you need to do some research. Look for a lawyer who has extensive experience and a record of success in these types of cases. It is also a good idea to ask friends and family members for recommendations. Once you have narrowed down your options, schedule a consultation with each candidate to discuss the case and their qualifications.
Malpractice claims often depend on the testimony of expert witnesses. These experts are called upon to provide opinions on the facts of each case and whether the defendant acted within accepted medical practice. They are expected to establish that the doctor deviated from this standard of care and, as a result of this deviation, caused the plaintiff’s injuries.
If the plaintiff’s attorney believes that there is a valid claim, they will file a complaint against the defendant with the appropriate court. Depending on the circumstances, some states may require that malpractice claims be reviewed by a review board before they can be filed in court. These reviews are generally conducted by attorneys for both sides and a representative from the insurance company that covers the physician in question.
During this process, both parties will exchange information and documents related to the case. The defendant’s lawyer will also hire a medical expert to review the evidence and testify on behalf of their client. During the deposition, the expert witness is asked questions on direct examination by the attorney representing the plaintiff. The other attorneys present will have the opportunity to cross-examine the witness.
If the medical expert testifies that there was no malpractice and that the damages incurred were not directly caused by the defendant’s actions, then the case will likely be dismissed. If the medical expert testifies that the physician did act in accordance with the standard of care and that the negligence directly caused the damages, then a jury will decide the amount of compensation the victim should receive. This will take into account the victim’s actual economic losses such as loss of income and cost of future medical care, as well as noneconomic damages such as pain and suffering. In some cases, punitive damages may be awarded to send a message to the defendant and deter others from engaging in similar reckless behavior. Our New York Medical Malpractice Lawyers at Lipsig, Shapey, Manus & Moverman are highly qualified to handle these complicated cases. Contact us to schedule a free consultation. We represent clients throughout the metropolitan area of New York City.