If you believe that you have suffered due to medical negligence, a New York medical malpractice lawyer may be able to help. A successful malpractice lawsuit can result in financial compensation that pays for your actual losses such as medical expenses and lost wages, and also reflects the non-financial losses you have suffered like the loss of enjoyment of life and the inability to engage in activities you enjoy with friends and family members.
However, it is important to understand that the process of resolving/settling such cases is a lengthy and complex undertaking requiring significant amounts of physician and attorney time and resources as well as extensive review of medical and legal literature. The alleged act of malpractice may also require the testimony of medical experts to establish the standard of care that should have been followed, how it was breached, and how such a breach caused your injury.
Physicians in the United States typically carry Medical Negligence Representation insurance to protect themselves against claims of negligent injury or wrongful death that may arise from their professional practice of medicine. In many instances, physicians are required to have such insurance as a condition of having hospital privileges or employment with a health organization.
Each state has its own statute of limitations, or deadline within which you must file a medical malpractice claim. Failure to meet these statutory requirements can result in the forfeiture of your right to pursue a lawsuit against the healthcare provider accused of malpractice.
Unlike many other types of civil litigation, most medical malpractice suits are decided by a jury trial. The plaintiff’s attorney must prove each element of a malpractice claim by presenting information that is discovered during pretrial discovery to an impartial panel of jurors, who will determine whether it is more likely than not that the physician was negligent in his or her care of the patient and that this negligence caused the plaintiff’s injury. The physician’s attorney will present information to negate this evidence, or assert defenses.
A physician must also establish that the alleged breach of the standard of care was a direct and proximate cause of the injuries claimed by the injured patient. This is a lower burden of proof than the “beyond a reasonable doubt” standard that is usually required in criminal prosecutions.
In some situations, a jury can award an injured patient punitive damages in addition to compensatory damages. This type of financial recovery aims to punish the defendant for conduct that is deemed especially egregious and reckless. This is often an attempt to deter other physicians from engaging in similar behavior.
Moseley Collins Law
701 5th Ave Suite 4200, Seattle, WA 98104
(800) 426-5552