Medical malpractice cases are highly specific and require the expertise of a seasoned New York medical malpractice attorney. Lawyers for malpractice legal typically are on a contingent basis which means they receive in proportion to the total amount recovered in the case.
Lawyers must be aware of whether they possess the necessary skills and knowledge required to handle specific cases or clients. This could lower the likelihood that a malpractice suit could be filed.
Experience in Litigation
Malpractice cases can be extremely complex and require a lot of effort. You should ensure that your lawyer has experience in medical malpractice claims and understands the intricacies of this particular area of law. Find out how many medical malpractice cases your attorney has handled and what type of casework they typically do in their practice.
Medical malpractice law occurs when a medical professional is deviating from the accepted standards of medical treatment for patients. This could be pharmacists, doctors, nurses, diagnostic imaging technicians, physicians who read test results, and even manufacturers of medical equipment. A New York medical malpractice attorney will help you identify parties that could be responsible for negligence and determine whether they should be sued.
The best malpractice attorneys can clearly explain both the potential advantages and drawbacks of your case. For example, they will be able to inform you whether there are any precedents that favor your case. They can also provide examples of reasons why a medical negligence claim is not feasible.
Additionally, good malpractice attorneys are pro negotiators and can help you negotiate a fair settlement from the insurance company or party who is responsible for your injuries. If they don't give you a clear answer regarding the status of your claim, this may be a sign you should find another attorney that can give you more accurate and clear details.
Expertise
An expert is defined as someone with a sufficient level of knowledge in an area that allows them to make informed choices and provide expert advice. The term is used to describe those with advanced degrees, professional credentials, specialized knowledge or extensive knowledge in a specific field.
Medical malpractice lawyers often work with experts to know the specific standards of care for every case. This allows them to determine how your healthcare provider was not following the established standards and present this to the court of law.
Expertise also means that your lawyer has a comprehensive knowledge of the laws that govern medical malpractice claims in New York and elsewhere in the country. They know how to make a claim and what documents you'll need to prove your case, and what steps to follow to build a compelling argument.
Declarative knowledge is among the areas of knowledge that you should be an expert. A licensed attorney is able to read complicated medical records, study the injury and form solid theories about what should have happened.
Medical errors can cause serious injuries that require expensive treatment. Your attorney may seek compensation for these expenses including reimbursement for previous expenses as well as projected future medical costs that result from your injuries. They can also seek compensation for noneconomic damages, like discomfort and pain.
Fees
Most medical malpractice attorneys work on a contingency basis, which means that their fees are determined by the final award and not an hourly rate. The typical fee is 33 percent or 40% of the total recovery. The percentage can differ based on the particular case and the amount of damages to be paid.
New York law, and most states, set fees on a sliding fee scale. The first 10 percent is charged for lowest amount of monetary recovery. Many clients are surprised discover that the legal fee isn't a simple one-third of their net recovery.
While this may seem like something that is not terribly complicated however, it pits the financial interests of lawyers against those of their clients, and malpractice attorneys can be detrimental to the client-lawyer relationship. It also discourages lawyers from refusing to settle cases at a lower cost and encourages them their clients to accept a low settlement offers, even when they have a valid claim.
The good news is that the medical malpractice lawyers at Lipsig, Shapey, Manus & Moverman have experience dealing with the complexity of these cases and have the resources to ensure that your claim is handled properly and maximized. They have achieved significant verdicts, including the $2.75 million jury verdict in Nassau County Supreme Court awarded to a patient who was diagnosed with advanced prostate cancer due to the incorrect diagnosis of a doctor.
Communication
A lawyer should listen to you and comprehend your concerns. They should be able to take the specifics of your case and come up with a story that highlights the negligence of medical professionals that caused your illness or injury. They must also be able effectively communicate with you and the other parties involved in your case. This includes being able explain medical terms in a way that non-medical professionals can understand them.
Medical malpractice claim occurs when a nurse, doctor or other health care professional fails in providing care in accordance with the medical community's accepted standards, and a person is injured, suffers illness or has their condition worsened as a result. Picking an attorney who has extensive experience in dealing with medical malpractice law cases can help ensure that your claim is correctly prepared and filed.
Attorneys with a good reputation often post information about their most significant settlements and verdicts on their websites or blogs. These results can give you an idea of the worth of your case. But, keep in mind that every case is unique and your claim will be analyzed by a unique set of circumstances.
Another thing to think about is the way a medical malpractice attorney charges for their services. A lot of lawyers charge a percentage of the amount they are awarded. This is a standard arrangement and malpractice attorneys should be clearly stated in any representation agreement you sign.
