Doctors and medical professionals often have our best interests in mind. For that reason, the thought of bringing a lawsuit against a medical professional is often off putting to many. The fact is, however, that medical errors are the third leading cause of death in the United States. In addition to that, hundreds of thousands of patients who do not die from medical errors suffer pain and loss of quality of life, due to no fault of their own.
A medical malpractice attorney fights for patient’s rights. Medical malpractice lawyers do this by helping injured patients receive compensation for pain and suffering, excess medical bills, lost wages, and more. In addition to helping patients, lawyers specializing in medical malpractice help regulate the medical field by ensuring that doctors, nurses, and medical professionals continue to provide the best standard of care available and holding them accountable for their mistakes.
Medical malpractice is a branch of general negligence law. Negligence law is one of the basic cornerstones of legal practice. Negligence occurs whenever an individual acts unreasonably toward another to whom that individual owes a standard of care. For example, if a shopkeeper fails to clean up a spill and a customer slips, the shopkeeper was likely negligent. This same rule applies to medical professionals. Generally, there are four things that must be proven in a medical malpractice claim:
Some of these elements are easier for a medical malpractice lawyer to prove than others. A duty is easily found in any patient-doctor relationship. If you are being treated by a doctor, that doctor owes a duty of care to you that must be met. What that duty entails, however, is more complicated. Generally, a doctor must perform his or her duties as would a reasonable doctor would in that situation. This includes specializations as well. For example, a doctor that specializes in podiatry, foot care, will be held to a standard of a reasonable doctor that specializes in podiatry. Doctors are generally expected to keep up to date with new treatments in medicine that they should use to treat their patients. The duty of care is typically proven by testimony from other doctors, who are experts in their fields.
Breach is the most difficult element to prove for a medical malpractice law firm. This requires the attorney to show that the doctor’s treatment of the patient fell below the objective standard of care that was first proven above. Breach is a highly factual element. This means that the attorney must have a thorough understanding of the medical procedure that took place and exactly how the doctor handled the procedure. Oftentimes, attorneys must contact expert witnesses to help themselves and the court understand these procedures.
The third element of a successful medical malpractice claim is causation. To prove causation, the attorney must show that the patient’s injuries were directly caused by the doctor’s breach of the standard of care proven above. While this seems simple, it can be quite difficult to prove in medical malpractice cases. This reason causation can be difficult to prove is because many patients had serious health complications prior to the procedure. If a patient develops an illness after a procedure, the attorney must prove that the illness was caused by the negligent procedure, and not the underlying condition the doctor was treating in the first instance. This is often a tall order.
The final element an attorney must prove is damages. Damages constitute the monetary damage the patient has suffered as a result of the doctor’s negligence. These damages can include medical expenses, lost wages, pain and suffering, loss of earning capacity, and more. This can become a complex calculation in catastrophic cases that resulted in death or serious bodily impairment. Many states have caps on the amount of damages a patient may recover in a medical malpractice case. New York, however, is one of only fifteen states that does not have such a cap. Meaning that victims can recover the full amount of their damages.
Medical malpractice litigation is not simply something that attorneys do on the side. Medical malpractice law is an extremely complex and constantly evolving area of law that takes specialized attorneys who devote significant time to its study. An attorney that does not specialize in medical malpractice is, quite simply, not qualified to handle a complex case.
Victims of medical malpractice should contact an attorney the moment they believe they have a claim. It should be noted that the statute of limitations for medical malpractice in New York is 30 months from the date of injury. This is significantly shorter than other negligence claims in New York. If you fail to bring the lawsuit during that time, the lawsuit will be barred completely. While it is possible to bring a medical malpractice claim after 30 months, these situations are rare and the exceptions are narrow.
If you think you have a claim against a doctor, a malpractice lawyer at the Moshes Law Firm can provide the expert advice you need. Our specialized medical malpractice attorneys are experts in negotiating with large medical malpractice insurance companies. We have helped dozens of patients recover damages and move on with their lives. If you think we can help you recover what you deserve, contact the Moshes Law firm today for a free consultation.
Technically, it is not necessary to hire an attorney for a medical malpractice lawsuit. Any individual can file a lawsuit and complaint by themselves, which is called filing a lawsuit pro bono. In reality however, this is not feasible for medical malpractice cases. While filing a lawsuit pro bono may be practical in some situations, such as a small injury or property dispute, it is not a good idea for a medical malpractice injury. Not only would you have to navigate the technical requirements of filing the lawsuit, such as complying with the statute of limitations, pleading requirements, and discovery, but medical malpractice claims themselves are exceedingly complicated. Additionally, the filer would have to have a strong understanding of both medical malpractice law, briefly explained above, and the medical procedures themselves.
Additionally, when a lawsuit is filed, the doctor is not really on the other side. Rather, the attorney will communicate and negotiate with the doctor’s medical malpractice insurance company’s lawyers. These are typically large large law firms that exclusively handle medical malpractice defenses cases. To them, success is measured by how fast they can get a case dismissed and low low they can settle.
There are many benefits to hiring a New York medical malpractice attorney. The most important, however, is that an attorney will handle the entire case for you. The attorney will file the lawsuit, respond to and file all motions, conduct discovery, and negotiate with the opposing side. Our clients typically have as much involvement in the lawsuit as they want, ranging from the bare minimum to daily updates. If a case is complex and requires despotions or other testimony, the medical malpractice attorney will find and hire experts to testify on your behalf. With the assistance of a medical malpractice attorney, you can sit back and ensure that you are being properly taken care of.
At the Moshes Law Firm, P.C. we have handled a wide range of medical malpractice cases, from wrongful deaths to misdiagnoses. If you have experienced any of the following situations, we can help you get the compensation you deserve:
|Medical Injuries||Birth Defects||Hospital Infections||Misdiagnosis|
|Wrong Medicine||No Consent||Scars||Botched Cosmetic Surgeries|
|Privacy Breaches||Loss of Limbs||Failure to Diagnose||Delay in Treatment|
Compensation for medical malpractice claims is generally not as limited as other negligence claims. For example, a typical injury claim may be limited to out of pocket expenses, such as the costs of medical care for treating the injury. Compensation for medical malpractice cases, however, has the potential to cover more than just bills. This is because medical injuries are typically much worse than injuries resulting from everyday life. Medical injuries have the potential to last for an entire lifetime, oftentimes putting the patient through extreme pain and suffering or preventing them from providing for themselves ever again. The following types of damages are possible in medical malpractice cases.
Generally, these are the easiest damages to prove and receive in medical malpractrice settlements. Medical expenses are oftentimes easy to prove as the patient has paid them directly out of pocket. If the injury is a serious one, however, the patient may also be entitled to medical expenses for the entirety of their lives. This is understandably a harder calculation, because the insurance company will want to pay it all up front, not as the patient incurs the expenses. Because of this, the attorneys will generally use a formula to estimate the future amount of medical expenses that takes into consideration both the patient’s expected lifespan and the amount of continuing care.
Prior to suffering an injury, most working age adults are employed. If the injury resulting from the medical procedure prevents them from working for some period of time, because they need to recover or undergo additional medical care, the patient may be entitled to lost wages. Lost wages are typically fairly easy to calculate, as they constitute the amount the individual would have received had he or she been working.
Loss of earning capacity is more complex and is generally relevant only in catastrophic injury cases. Loss of earning capacity compensates the injured individual for the wages that they could have earned during their lifetime, had they not been injured. For example, if an individual suffered a catastrophic brain injury and prior to the injury he or she was a working professional, he or she may not be able to return to the same previous employment. Loss of earning capacity would compensate the individual for taking a lower-paying job due to the injury.
Pain and suffering is generally where we see parge payouts in medical malpractice and negligence cases. This is because pain and suffering is often difficult to measure precisely, if not impossible. Pain and suffering compensates the individuals for the physical discomfort resulting from the injury. It also has a mental aspect to it, meaning that the injured individual may receive compensation for mental pain and suffering such as anxiety, shock, fear, humiliation, and more.
Loss of consortium is compensation for the spouse of the injured individual. In a loss of consortium claim, the spouse brings a lawsuit seeking compensation for the duties that the injured spouse is no longer able to perform as he or she did prior to the injury. Damages can be awarded for loss of marital assistance, that is assisting the marital unit, loss of affection, loss of companionship, and, in some cases, loss of a sexual relationship.
In certain situations, the injured party may also be entitled to other damages. These can include punitive damages. Punitive damages are utilized as means to punish the wrongdoer. Accordingly, they are available only in the most egregious of malpractice cases, such as where the doctor recklessly breached the duty he or she owed to the patient. For example, punitive damages may be awarded against a doctor that performed a surgery when he or she was knowingly sleep deprived or otherwise impaired, such as being intoxicated.
There are many attorneys offering medical malpractice services in New York City, however, they are not all the same. At Moshes Law Firm, we constantly strive to be the best medical malpractice attorneys in NYC by focusing solely on the needs of our clients. If you have been injured in a medical accident, you deserve an attorney that will fight with you and alongside you – you deserve Moshes Law.
Generally, attorneys will handle medical malpractice cases on a contingency basis. This means that there will be no cost whatsoever to the injured individual, unless the lawsuit is successful. By New York law, the most you will pay a lawyer for medical malpractice services is limited to the following; however, many attorneys charge less depending on the situation.
Choosing an attorney is an important decision when seeking compensation for your medical malpractice injury. At Moshes Law Firm, P.C., we pride ourselves on being a client-centric law firm and focusing on your needs, not ours.
Our attorneys are not afraid to fight for you in and outside of the courtroom. We have years of experience battling insurance companies who want only to settle quickly and limit your recovery. Our attorneys are well versed in the common tactics used by insurance companies. We put your well-weling above all else.
We value reputation above all else. Believe it or not, most of our clients are referred from previous clients. That is because our attorneys truly care about you, not just your case. We are not a large law firm that accepts every case, looking for a quick and impersonal payout. Our attorneys fight equally hard for all of our clients’ cases, from small to large, because at the end of the day, you are what matters.
We have handled dozens of medical malpractice cases for our clients resulting in thousands of dollars won. Our client testimonials page can attest to the fact that our personal approach to legal services works. We have achieved positive outcomes for our clients both through settlement and at trial.
We operate differently than other law firms that see you only as a number. In fact, we will not take a case if we do not think we can give it the time and passion it deserves. Medical malpractice injuries are personal and sensitive. You deserve an attorney that will truly understand your case and get to know you on a personal level.
Medical malpractice occurs any time a doctor’s or other medical professional’s treatment falls below a reasonable standard of care that is accepted in the medical community. In order to commit medical malpractice, the doctor or medical professional must have acted unreasonably in their treatment.
In New York, you have two and half years, or 30 months, from the date of the injury to sue for medical malpractice. This statute of limitations can be extended in certain situations, such as if the injury is not discovered for a period of time after the medical procedure. For example, if a surgeon leaves a medical device in a patient during surgery, but the device is not discovered for three years, the patient will likely still be able to file the lawsuit.
It is very difficult to calculate an average payout. This is because some medical malpractice cases entitle the victim to millions of dollars, as they are quite catastrophic in nature. In less complex cases, the injured can expect to receive, at a minimum, out of pocket expenses and lost wages.
Yes. If your injury occurred two years ago, you can still file a lawsuit against the doctor because the statute of limitations for medical malpractice in New York is two and a half years. If you are in this situation, however, you should immediately contact an attorney so he or she can begin preparing to file the lawsuit.
Technically speaking, a doctor that commits medical malpractice deviated from the standard of care because he or she purposefully committed some action. This means that the doctor knew he or she was committing the action, and that action fell below the standard of care. For example, a doctor that improperly cut corners to simplify a procedure. Medical negligence on the other hand occurs when a doctor performs an action that falls below the standard of care on accident.
If you have suffered an injury as a result of a medical procedure or other negligent action by a medical professional, you need to protect your rights by contacting a medical malpractice lawyer in NYC. You may be entitled to significant compensation for your expenses, lost wages, pain and suffering, and more.
At the Moshes Law Firm, we know that medical complications are more than legal issues – this is your life. Our attorneys work to make the process as easy for you as possible. Our clients are as involved in their case as they want to be, weather that means daily or weekly updates about your case. If you have been injured, trust the experienced attorneys at Moshes Law, P.C. to fight for you.