Medical Malpractice Attorneys

Medical malpractice cases are highly special and require the skills of an experienced New York medical malpractice attorney. Malpractice attorneys often operate on a contingency fee which means they receive an amount based on the total amount recovered in the matter.

Lawyers should be aware whether they have the necessary knowledge and expertise to take on an individual case or client. Doing this can reduce the risk of a malpractice claim.

Experience in Litigation

Malpractice cases can be very complex and require a lot of effort. You want to make sure that your lawyer is experienced in dealing with medical malpractice cases and knows the various nuances involved. Ask your lawyer how many medical negligence claims they have handled and what type of casework they typically handle in their practice.

Medical malpractice is when medical professionals fail to adhere to accepted standards of care. This includes nurses and doctors, diagnostic imaging technicians, doctors who interpret test results, and manufacturers of medical equipment. A New York medical malpractice attorney can assist you in identifying the people who could be accountable for negligence and determine whether they are entitled to be sued.

The best malpractice attorneys will be able to clearly explain the possible benefits and disadvantages of your case. They will be able to, for instance, tell you if there are precedents that favor your case and give examples of why it is not feasible to make a claim for medical malpractice.

Additionally, good malpractice attorneys are pro negotiators and can assist you in negotiating a fair settlement from the insurance company or party responsible for your accident. If they refuse to give you a clear answer regarding the status of your claim, this could be a sign that you should find another attorney who can provide you with more transparent and honest details.

Expertise

Experts are defined as those who have a superior level of knowledge on a particular subject, allowing them to offer informed opinions and suggestions. The term is usually applied to those with advanced degrees, high levels of professional qualifications, specialization in training or significant experience in a particular field.

Medical malpractice attorneys frequently consult with experts to know the specific standards of care for each case. This knowledge enables them to identify the ways your healthcare provider violated the established standards of care and then explain this to a jury.

The experience of your lawyer also means they are aware of the laws that govern medical malpractice claims in New York and across the nation. They know how to make a claim, what documentation you need to support your claim, and the steps to take to build a compelling argument.

Declarative knowledge is among the kinds of knowledge you need to be an expert in. A licensed attorney can read complicated medical records, study the incident and formulate plausible theories regarding what could have occurred.

Medical mistakes can lead to serious injuries that require costly treatment. Your attorney can ask for compensation, which could include reimbursement for past medical expenses and projected future medical costs that result from the accident. They may also seek compensation for damages that are not economic such as suffering and pain.

Fees

Most medical malpractice attorneys work on a contingency basis meaning that their fee is calculated by the final award and not an hourly rate. The typical fee is 33 percent or 40% of the gross recovery. However, the percentage may vary depending on the circumstances and the amount of damages due.

New York law, and the majority of states, set fees on a sliding fee scale. The first 10 percent is charged for the lowest amount of monetary recovery. Many clients are shocked to learn that the legal fee isn't simply a single third of their net recovery.

The system may seem innocent but it pits the financial interest of lawyers against the clients and damages the relationship between the lawyer and client. It dissuades lawyers from refusing a cheap settlement and encourages lawyers, even if the claim is legitimate, to advise their client to accept low-ball settlement offers.

The good news is that the medical malpractice attorneys at Lipsig, Shapey, Manus & Moverman have experience in dealing with these complicated cases and have the resources to maximize your claim. They have achieved significant verdicts, including the $2.75 million jury verdict in Nassau County Supreme Court awarded to a patient who was diagnosed with advanced prostate cancer because of the wrong diagnosis of a doctor.

Communication

A lawyer should listen to you and comprehend your concerns. They should be able to take the details of your case and develop a narrative that highlights the negligence of medical professionals that resulted in your injury or illness. They must be able to communicate effectively with you and others involved in your claim. It is important to be able to explain medical terms to non-medical professionals.

Medical malpractice is when a nurse, doctor or other health care professional fails to provide treatment in accordance with the medical community's accepted standards, and a person is injured, suffers illness or suffers a worsening of their condition as a result. An experienced lawyer who is familiar with medical malpractice cases will assist you to ensure that your claim is properly filed and drafted.

Lawyers with good reputations often post the news of their most significant verdicts and settlements on their websites or blogs. These results can give you an idea of the value of your case. But, keep in mind that every case is unique and your claim will be evaluated by a unique set of circumstances.

Another thing to think about is the way a medical malpractice attorney is charged for their services. A lot of lawyers charge a percentage based on the award they win. This is a standard arrangement and should be clearly stated in any representation agreement you sign.