Every year, billions of dollars are paid out in attorney for medical malpractice cases. This includes cases where doctors, hospitals, and clinics have acted negligently or recklessly. Unfortunately, not all malpractice claims are valid. There are many factors that must be considered. Taking your case to court requires an attorney with extensive knowledge of the law and an understanding of the specifics of your situation. Moreover, a skilled lawyer knows when to settle and can provide you with the best value for your case.
It is also important for the lawyer to understand how insurance companies operate and the ways they defend malpractice claims. Malpractice insurers will work to minimize payouts. This is why it is essential to have a qualified and experienced New York medical malpractice attorney on your side.
Malpractice attorneys will often spend hours going over voluminous medical records. They need to know exactly what happened and how it has impacted the patient. They will review all of the medical reports and any other documents that were obtained through the discovery process. This will allow them to identify the most relevant pieces of evidence in the case. They will then present the facts of the case to a jury. This is the only way to prove malpractice and secure a settlement for the victim.
In a legal sense, the plaintiff’s attorney will need to convince a jury that it is more likely than not that the physician committed malpractice. This is called the “preponderance of evidence” standard and it is less demanding than the “beyond a reasonable doubt” standard that must be met to convict criminal defendants.
At the same time, the physician’s attorney will try to use evidence in the case to discredit the plaintiff’s claim. For example, they might argue that the medical error was not a substantial cause of damages or that the damage was caused by something else.
When a doctor or hospital is found to have committed malpractice, the next step is for the medical malpractice attorney to take depositions of witnesses who can testify that the injury was caused by the physician’s actions. The medical malpractice attorney will be able to ask the witness questions under oath, which will be recorded and transcribed for use in court.
A New York medical malpractice lawyer is a vital part of the team to help a victim get the compensation that they deserve. Hundreds of thousands of people are injured or killed by medical errors each year. For the victims and their families, a lawsuit may be the only way to recover financial losses, learn what really happened and ensure that these types of medical mistakes are not repeated in the future.
Attorneys for medical malpractice cases work on a contingency basis, meaning that they will only be paid if they win or settle the claim. This is a better option than hiring an attorney who charges by the hour because it can be expensive to pursue these types of cases.