A medical malpractice lawyer can help you win your case if your physician has breached their duty to you by making a mistake that led to injury. The goal of a medical malpractice case is to recover damages for your losses. These include current and future medical expenses, loss of income due to the inability to work, pain and suffering, emotional distress, and other related costs. If the medical error was a direct cause of your injury, you may also be awarded punitive damages designed to punish the doctor and deter others from engaging in similar reckless behavior.
The first step in any lawsuit is to establish the applicable standard of care. This involves reviewing your medical records and determining whether or not your doctor met this standard when treating you. In a malpractice claim, the standard of care must be very high and a deviation from this standard results in injury to the patient.
Once the standard of care is established, your attorney can then present expert witnesses to testify as to the negligence and how it caused your injury. The experts will then examine the medical evidence to determine if there is a causal relationship between the breach of duty and your injuries.
Some types of medical errors are easier to prove than others. For example, surgical errors are very easy to demonstrate as medical negligence. This can range from damaging a nerve during surgery to leaving a foreign object inside of the patient after an operation. In most cases, the surgeon can be held liable for the resulting damages.
In most states, you must file your medical malpractice suit within a certain period of time after the date that you were injured. The specific rules regarding this period of time vary from state to state. However, in New York, the limitation is two and a half years after the injury.
Before you can proceed with your medical malpractice lawsuit, the attorney handling your case will need to obtain and interpret all of the relevant medical records. This is a vital step in any malpractice claim and requires the assistance of an experienced legal team.
A top-rated New York City Medical malpractice lawyer can review your records and determine if there is enough evidence to file a lawsuit. He or she will then need to submit a certificate of merit to the court. This document will certify that the lawyer has reviewed your case and believes it is a valid claim. It will also indicate that the lawyer has consulted with a medical expert and believes there is a good chance that the negligence will lead to injury. If your claim meets these criteria, the lawsuit will be allowed to proceed. The medical malpractice attorneys at Jonathan C. Reiter Law Firm, PLLC are highly respected and known for their ability to successfully navigate these complex claims. They have recovered record-setting settlements for clients across the country. For more information, contact the firm to schedule a consultation with one of their accomplished attorneys.