Blogs
on June 16, 2024
Medical Malpractice Attorneys
Medical malpractice cases are extremely specialized and require the expertise of a seasoned New York medical malpractice attorney. Many malpractice law firm lawyers work on a contingency basis which means they get paid a percentage of any amount they recover.
Lawyers should always carefully consider whether they have the necessary knowledge and expertise to take on a specific case or client. This will help to reduce the risk of a malpractice lawsuit.
Experience in Litigation
Malpractice cases can be very complex and require a lot of work. You must ensure that your lawyer has experience in handling medical malpractice cases and understands the nuances involved. Ask your attorney what number of medical negligence cases they have handled and what kind of casework is typical in their practice.
Medical malpractice is when a medical professional stray from the accepted standards of care for a patient. This includes pharmacists, doctors, nurses diagnostic imaging technicians, physicians who interpret test results, and even the manufacturers of medical equipment. A New York medical malpractice attorney can help you identify the people who could be accountable for negligence and determine if they should be sued.
The most experienced malpractice lawyers can clearly explain both the potential opportunities and drawbacks of your case. For instance, they'll be able to inform you whether there are any precedents that favor your case and also provide examples of why a medical malpractice claim is not feasible.
A reputable malpractice lawyer is also a skilled negotiator who can help you negotiate a fair settlement with the insurance company or the party accountable for your injury. If they refuse to provide you with straight answers regarding the status of your claim it could be a sign you should choose a different lawyer who can provide you with more accurate and clear details.
Expertise
Experts are those who possess a high degree of knowledge about a particular subject, which allows them to give informed advice and opinions. Generally, the term refers to people with advanced degrees, advanced professional credentials, specific training or extensive expertise in a specific area.
Expert witnesses are frequently sought by medical malpractice lawyers to determine the quality of care in every case. This information allows them to determine how your healthcare provider went against the standard of care and provide this information in a court of law.
Expertise also means that your lawyer has a thorough understanding of the relevant laws that govern medical malpractice claims in New York and elsewhere in the country. They know how to file lawsuits, what documentation is required to prove your claim, and what steps should be taken to build a compelling case.
The legal definition of expertise is the capability to perform actions however, there are other kinds of knowledge that you require to be considered an expert - such as declarative knowledge. A licensed attorney can read complex medical records, research the accident and develop reliable theories as to what might have been the cause of the incident.
Medical errors can result in serious injuries that require expensive treatment. Attorneys can ask for compensation, which could include reimbursement for medical expenses incurred in the past and future medical expenses that will result from the injury. They may also seek compensation for non-economic damages, such as suffering and pain.
Fees
Most medical malpractice attorneys operate on a contingency-based basis which means that their fee is calculated by the final award not an hourly fee. The typical fee is 33 percent or 40% of the total recovery. The percentage may vary based upon the case and the amount owed in damages.
Contrary to the majority of personal injury cases, which are billed at a flat rate of one-third of the net award, New York law and the majority of states charge fees based on sliding scales that begin at 30% and progressively drops to 10% as the amount of money recovered increases. Many clients are shocked to discover that the legal fee isn't simply a single third of their net recovery.
Although it may appear to be an innocent system but it puts the financial interests of the lawyers against those of their clients, and is detrimental to the lawyer-client relationship. It also discourages lawyers from refusing to settle cases at a lower cost and encourages them their clients to accept lower settlement offers, even when the claim is valid.
The good news is that the medical malpractice lawyers at Lipsig, Shapey, Manus & Moverman are skilled in dealing with the complexity of these cases and have the resources to ensure that your claim is handled properly and maximized. They have secured massive verdicts, such as the $2.75 million verdict that a jury in Nassau County Supreme Court awarded to a man who contracted advanced prostate cancer because of a doctor's incorrect diagnosis.
Communication
A lawyer should listen to and understand your concerns. They will be able to consider the facts of your case and develop an outline of the negligence of your doctor that caused your injury or illness. They should be able to communicate effectively with both you and the other parties involved in your claim. This involves being able to explain medical terms in a manner that non-medical professionals are able to comprehend them.
Medical malpractice happens when a doctor or nurse does not provide the care that is expected of them, and as a result, a patient is injured, becomes sick or worsens their condition. A lawyer with extensive experience in handling medical malpractice cases can ensure that your claim is properly prepared and filed.
Reputable lawyers frequently post updates about their most significant settlements or verdicts on their blogs or websites. These results can give an insight into the potential worth of your case. Keep in mind that each case is unique, and the value of your claim will be determined by your unique set circumstances.
Another crucial aspect to consider is the manner in which a medical-malpractice attorney is charged for their services. A lot of lawyers operate on a contingency basis which means they do not charge upfront fees but instead charge an amount of the award that they win for you. This is a standard arrangement and should be clearly stated in any representation agreement you sign.