When people go to a doctor, they expect to return home in tip-top shape. Doctors, however, are human too and can make mistakes, which can result in harm to you or your loved ones. This is where an experienced NYC medical malpractice attorney, for instance, would be able to help you get due compensation for the impact on your health.
The first thing you’ll have to find out is whether you have a case or not. Any dependable NYC medical malpractice lawyer like one from The Law Offices of Joseph Lichtenstein would be able to determine whether your case has a legal basis. There are some things that must be established to give your case legs to stand on. First, you’ll have to prove that there was a doctor-patient relationship between you and the doctor you’re filing a case against. This means that you hired the doctor or visited their hospital or clinic and they agreed to treat you. This is pretty easy to prove; a simple look at the doctor’s appointment book or a prescription from the doctor can prove this. The problem is if the consultation was informal; for example, you met a doctor at a party and just asked them a few questions about your condition. There was no agreement on hiring the doctor’s services and therefore this isn’t a legitimate relationship.
Second, your doctor was negligent and his/her negligence caused the injury. The negligence must be provable; you cannot file for malpractice just because a treatment was ineffective or you were unhappy with it. This means you must show that other doctors would have done something differently. For example, if your particular disease or condition requires a specific set of treatments and your doctor didn’t follow that set of treatments, for which your health suffered, then you have a case.
Third, there must be damages involved. Your doctor may have been neglectful but unless you actually suffered, then you don’t have a case. For example: if you’re suffering from asthma and your doctor didn’t treat you correctly but you still recovered, you don’t have a case. Damages come in the form of physical pain, mental anguish, and financial loss due to injuries.
If your lawyer thinks you have a case, it’s best if you don’t delay and file it immediately. Your malpractice lawyer can cut down on your prep time by providing investigative services and making sure everything is ready for your case. With your lawyer’s help, you can win the case and get your just compensation.
(Source: Do I Have a Medical Malpractice Case?, Lawyers.com)