From the time you were a young child, you probably learned to trust your doctor. In fact, the cliché “doctor knows best” has been thrown around for decades. Unfortunately, that isn’t always the case.
Just like anyone else, doctors sometimes make mistakes. The difference is, however, that their mistakes can have serious repercussions that can affect someone’s long-term health or can even wind up killing them.
If you or someone you love was harmed as a result of a doctor’s error or negligence, you may be able to bring a lawsuit against them to help recover money for your medical expenses and any other related damages. New York medical malpractice or brain injury lawyer can help you get the justice that you deserve.
Of course, not everything that goes wrong in a medical setting qualifies as malpractice. There are certain legal definitions in place that are used to determine whether or not a specific incident falls under the category of malpractice and whether the affected patient has any recourse. Trying to understand the legal jargon surrounding malpractice can be incredibly difficult. That is why it is important to work with a lawyer who really knows what they are doing.
One of the first things that you should do is contact a reputable law firm in your area for a consultation. Most firms are more than happy to meet with you for free to look at the details surrounding your case. Be sure to bring any relevant documents or information along with you when you go to this meeting.
During your consultation, you and your lawyer will go through all of the evidence that you have to determine whether or not you actually have a case and how likely it is that you could win. The more solid information that you have, the easier time your lawyer will have representing you. Of course, they will also work to gather information and evidence on your behalf if they do take on your case. Together, the documentation that you provide and the extra information that the lawyer gathers can help you put together a solid case that improves your chances of getting a positive verdict or a fair settlement.
One of the primary things that your lawyer will be looking for is whether or not there was actually an established doctor-patient relationship between you and your caregiver. They will also be looking at whether or not the doctor’s actions (or lack thereof) were outside of the accepted medical standard of care or were in other ways negligent or inappropriate.
When building your case, your lawyer may reach out to experts in the medical field to get their opinions on whether or not your doctor was truly at fault. Oftentimes, these experts can be called upon at a later time to testify in your case. Expert witnesses are extremely compelling for both judges and juries – especially when they are able to break down complex legal jargon into terms that people can easily understand.
In many cases, your lawyer will be able to negotiate a settlement with the doctor’s attorneys before the case ever goes to court. This can allow you to get the money that you deserve without having to go through the rigors of a trial.
In other instances, however, the doctor’s lawyers may be unwilling to settle. When that happens, your case will go to court to be decided by a judge or jury. Your lawyer will argue the case on your behalf in the courtroom, presenting evidence that supports your position. They will do everything that they can to prove that the doctor’s negligence or incorrect treatment led to whatever physical harm you or your loved one suffered.
Once the case has been argued, the judge or jury will then decide whether or not the doctor was at fault. If they find in your favor, they will determine how much money you will be awarded for your medical expenses and any pain or suffering.
It is important to look for New York medical malpractice lawyers who specialize solely in malpractice cases. These lawyers are far more likely to be familiar with the ins and outs of how malpractice suits work. As a result, they are much more likely to be able to help you mount a successful case than a lawyer who doesn’t have a lot of experience with legal issues surrounding malpractice.
It is worth putting careful thought into choosing the right lawyer or law firm to represent you. Always do your homework before you choose a lawyer. After all, the future of your case rests in their hands. You need to make sure that they are qualified to represent you and that they will do the best possible job of helping you put together a successful case.