Doctors or other healthcare providers are not always as careful as they have to be. When this happens, lasting injuries and harm could happen to a patient. Filing a medical malpractice claim, however, is not a clear-cut method. Like all court cases, your case may fail. This is why you’ll want experienced NYC medical malpractice lawyers like those from The Law Offices of Joseph Lichtenstein to evaluate your case and determine if it has merit.
When a medical malpractice lawyer in NYC receives your case, they take a look at your medical records and case history. At times, certain firms specialize in specific cases like birth injuries or surgical errors; this is important because if they agree to handle the case, they will have the knowledge and background to properly handle it. These case reviews will often involve consulting with medical professionals to assess if a potential malpractice case is possible with the available information. Experienced lawyers will also be able to gauge the chance of a claim’s success by the amount of proof that can be found in the records.
There are several factors that influence a malpractice claims’ success. First, there must be a clear proof of negligence. Medical negligence is proven by showing that a medical professional’s performance didn’t meet the accepted standards of care. For example, if a person diagnosed with cancer did not receive the proper treatment for his specific condition or received treatment but it did not meet the set standards, then that can be considered neglect. It’s not just treatment; if a doctor prescribes the wrong dosage of medicine or uses a medical equipment improperly to treat a patient, then he or she can be liable for neglect.
Second, harm has been definitely caused and is linked to the neglect. If a doctor made a mistake but you did not get harmed because of it, then you won’t be able to file malpractice claim. The connection can be difficult to determine, especially for those who’ve been terribly sick or injured; this is why medical experts are needed to testify to the damage that was caused by the neglect and not any underlying medical condition.
Finally, a lawyer who knows the field. Attorneys who have experience in your particular type of injury or claim can bring knowledge to the table that can tip the scales of justice in your favor. For example, lawyers who’ve handled hundreds of brain injury cases would know trusted medical experts; this gives their argument weight and increases the chance of success. They’ll also know if a particular case has merit or not and advise you whether to go for a settlement pre-trial, or go into court for higher compensation.
(Source: Proving Fault in Medical Malpractice Cases, FindLaw)