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Why You Need a Medical Malpractice Lawyer

Medical malpractice lawsuits are often complex and require the assistance of a Medical malpractice lawyer who is experienced in pursuing them. When a patient has been injured by a healthcare provider, it is important that they contact an attorney immediately to review their case and determine whether it is in fact a medical malpractice claim.

A legal team of Medical malpractice attorneys will work to get the compensation you deserve for your medical expenses, pain and suffering and loss of enjoyment of life. Medical malpractice attorneys have experience and a proven track record of success in representing victims throughout New York City, Brooklyn, Queens, Staten Island, Nassau, Suffolk (Long Island), Westchester County and the surrounding area.

The most important aspect of any medical malpractice lawsuit is establishing negligence. An attorney will work with a variety of experts to support your case, including medical professionals who can testify as to the standard of care in your specific field of medicine and forensic experts who can demonstrate how your treatment fell short of this standard of care.

Another key element is the economic losses that you have suffered as a result of your injury. New York law defines this as the total cost of your medical and rehabilitative expenses, the amount of income you have lost as a result of your injury, and any other financial losses that are reasonably quantifiable. A New York medical malpractice attorney will help you calculate and document these losses, so that you can present them to a jury.

Malpractice cases can be costly for plaintiffs, who must pay the attorney’s fees as well as expenses to bring the case to trial. This is why many legitimate cases never see the light of day, as described in a 2013 study by the Emory University School of Law. The researchers found that 95 percent of patients who suffer harm from medical treatment will not get an attorney to take their case, and the reason is mostly because of the cost of a lawsuit.

Physicians are held to a higher standard of care than most other professionals because of their education, training and skills. As a result, most doctors don’t want to be sued if they make a mistake, even if it was an honest one. This is why so many physicians refuse to run tests or perform procedures that are not medically necessary.

Many victims of medical malpractice are unable to access the justice system because they don’t have the money to hire an attorney, and because attorneys are wary of taking a case if the damages will be under $250,000 (the threshold for many malpractice statutes). Some patients complain that they are being abused by the system when they don’t receive legal representation for their claims. These are called the “hidden victims.” The authors of the Emory study recommended reforms to the legal system, including increasing funding for malpractice cases so that attorneys could be compensated for their time and making defendants who lose a malpractice case pay the plaintiff’s attorney fees.

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