Choosing an Attorney for Medical Malpractice Cases

Mistakes made by doctors, nurses, pharmacists or other medical professionals can have devastating consequences. Patients may die, and others are left with life-changing injuries or permanent health problems. If you believe that you or a loved one have suffered due to malpractice by a doctor, nurse or other healthcare professional, it is important to contact an attorney as soon as possible. The firm of Lipsig, Shapey, Manus & Moverman has an experienced New York City medical malpractice attorney who can determine whether you are a victim of medical negligence and help you pursue a claim.

There are several things to keep in mind when attorney for medical malpractice cases. First, you want to make sure that the attorney has experience in these types of cases and a track record of success. You should also check whether the attorney is a specialist in medical malpractice, and look for information about their education and training on their website. In addition, you will want to find out how many medical malpractice cases the attorney has handled and whether they have won any awards or recognition in this area.

You should also find out how much the attorney charges for his services and what is included in those fees. Most attorneys in this field work on contingency, meaning that they are only paid if they successfully win a verdict or settlement for their client. However, some attorneys charge flat fees for certain tasks, such as looking over a settlement that an insurer has offered. You should also find out whether the attorney will pay upfront costs for expert witnesses and other case expenses, or if those will be deducted from your settlement or judgment.

When pursuing a medical malpractice case, you will need to prove that the healthcare practitioner you are seeking compensation from owed you a duty of care and failed in this duty. You will also need to demonstrate that the failure directly led to your injuries. This can be a difficult task, and it is often necessary to hire an expert witness to assist in the investigation. The expert will review the medical records and your testimony to determine whether there was negligence and whether that negligence directly caused damages.

In some states, there are caps on the amount of money that a patient can recover for non-economic damages. These are damages such as pain and suffering, loss of enjoyment of life, mental anguish, and other losses that are more difficult to quantify. A jury will then award the appropriate amount of money if they agree that the healthcare practitioner was negligent and that this negligence caused you to suffer.

Depending on the circumstances of your case, you may be entitled to punitive damages as well. These are intended to punish the defendant and send a message that healthcare providers must act with utmost care when treating patients. These are rarely awarded in malpractice cases. However, they are available in some circumstances if the negligence was especially egregious or reckless.