Medical Malpractice Attorneys
Medical malpractice cases are highly special and require the skills of a seasoned New York medical malpractice attorney. Many malpractice attorneys operate on a contingent fee, which means they are paid as a percentage of any amount recovered.
Lawyers must always consider whether they have the knowledge and expertise required to handle the particular case or client. This will help to reduce the risk of a malpractice lawsuit.
Experience in Litigation
Malpractice cases require a deal of work and can be very complex. It is important to ensure that your lawyer has experience handling medical malpractice cases and understands the various nuances involved. Ask your lawyer how many medical negligence cases they have handled and what kind of cases they handle in their practice.
Medical malpractice occurs when a medical professional deviates from the accepted standards of medical treatment for patients. This could include doctors, nurses, pharmacists and diagnostic imaging technicians physicians who interpret test results, as well as manufacturers of medical equipment. A reputable New York medical malpractice lawyer can help you identify all those who have been negligent and determine if they need to be sued for damages.
The best malpractice lawyers will be able to clearly explain the advantages and drawbacks of your case. They will be able to, for instance, inform you of precedents that favor your case, and give examples of the reasons why it isn’t possible to file a medical malpractice lawsuit.
Additionally, good malpractice law firms attorneys are skilled negotiators and will assist you in negotiating a fair settlement from the insurance company or the person who is responsible for your injuries. If they are unable to give you a clear answer about the status of your claim, this may be a sign you should choose a different lawyer who can provide you with more honest and straightforward information.
Expertise
An expert is an individual with a high amount of knowledge about a subject that allows them to make informed decisions and advice. The term is usually applied to those with advanced degrees, high levels of professional qualifications, specialization in training or extensive experience in a specific field.
Expert witnesses are often sought out by medical malpractice lawyers to determine the standard of care for every case. This knowledge allows them to determine how your healthcare provider was not following the established standards and be able to explain the situation in a court of law.
Expertise also implies that your lawyer has a comprehensive understanding of the relevant laws that govern medical malpractice claims in New York and elsewhere in the country. They know how to start lawsuits, what documentation is required to support your claim, and what steps need to be taken to present a compelling case.
Declarative knowledge is one of the areas in which you require to be an expert in. An experienced attorney is able to interpret complex medical records as well as research the injury and develop a reliable theory of what happened and why a health professional fell short of that expectation.
Medical errors can cause serious injuries that require expensive treatment. Your attorney can ask for compensation, which could include reimbursement for past medical expenses and future medical expenses that will result from the accident. They can also demand compensation for non-economic damages, such as suffering and pain.
Fees
Most medical malpractice attorneys work on a contingency basis, which means that their fees are determined according to the final award and not on an hourly rate. The fee ranges from 33% and 40% of the gross recoveries. However, the percentage could vary depending on the circumstances and the amount of damages owed.
In contrast to most personal injury cases, which are billed at a flat rate of one-third of the net amount, New York law and the majority of the states charge fees based on a sliding scale that begins with 30% and drops to 10% as increase in the amount of money awarded. Many clients are shocked discover that the legal fee isn’t a simple one-third of their net recovery.
Although this may appear to be an innocent system however, it puts the financial interests of the lawyers against those of their clients, and harms the client-lawyer relationship. It also discourages lawyers from refusing to settle cases for less and encourages them their clients to accept low settlement offers, even if the claim is valid.
The good news is the medical malpractice attorneys at Lipsig, Shapey, Manus & Moverman have experience dealing with these cases and the resources to maximize your claim. They have achieved massive verdicts, such as the $2.75 million verdict of a jury in Nassau County Supreme Court awarded to a patient suffering from advanced prostate cancer due to an incorrect diagnosis by a doctor.
Communication
A lawyer must be able listen to you and understand your concerns. They should be able to take the specifics of your case and develop an argument that highlights the medical negligence that led to your injury or illness. They must also be able to effectively communicate with you as well as other people involved in your case. It is important that they can explain medical terms to non-medical professionals.
Medical malpractice occurs when a doctor, nurse or other health professional fails in providing care in accordance with the medical community’s accepted standards, and a person is injured, ill or suffers a worsening of their condition because of it. A lawyer with extensive experience in handling medical malpractice cases will help ensure that your claim is correctly prepared and filed.
Lawyers with good reputations often share news about their most significant settlements or verdicts on their websites or blogs. These reports can provide insight into the potential value of your case. Remember that every case is unique and the worth of your claim will depend on your own particular set of circumstances.
Another aspect to take into consideration is how a medical negligence attorney is charged for their services. Many lawyers charge a percentage based on the amount of money they win. This is a common practice and should be stated clearly in any representation agreement you sign.