Medical Malpractice Attorneys
Medical malpractice cases are highly complex and require the knowledge of an experienced New York medical malpractice attorney. Lawyers for
malpractice typically operate on a contingency basis, meaning they are paid an amount based on the total amount recovered in the matter.
Lawyers should be aware whether they have the necessary knowledge and expertise required to handle the particular case or client. This can help lower the chance of a malpractice lawsuit.
Experience in Litigation
Malpractice cases require a deal of work and can be incredibly complex. It is important to ensure that your attorney is familiar with medical malpractice claims and knows the specifics of this legal area. Ask your attorney how many medical negligence cases they have handled and what kind of casework they typically handle in their practice.
Medical malpractice occurs when medical professionals do not adhere to the accepted standards of medical care. This includes pharmacists, doctors, nurses and diagnostic imaging technicians physicians who read test results, and even manufacturers of medical equipment. A reputable New York medical malpractice lawyer can help you identify all those who have acted negligently and determine if they have the right to be liable for damages.
The best malpractice attorneys can clearly explain the possible advantages and drawbacks of your case. For instance, they will be able to tell you if there are any precedents that would favor your case. They can also provide examples of why a medical malpractice claim is not a possibility.
Additionally, good malpractice attorneys are pro negotiators and can assist you in negotiating a fair settlement from the insurance company or other party at fault for your injury. If they don't give you clear answers about the status of your claim it could be a sign you should choose a different lawyer that can give you more honest and straightforward details.
Expertise
An expert is an individual with a high amount of knowledge about an area that allows them to form informed opinions and provide expert advice. The term is used to describe those who hold advanced degrees, highly professional credentials, specialized expertise or significant education in a specific area.
Medical malpractice attorneys often consult with experts to understand the specific standard of care in each case. This knowledge allows them to determine how your healthcare provider went against the standard of care and present this to the court of law.
Expertise also implies that your lawyer has a thorough understanding of the relevant laws governing medical malpractice claims in New York and elsewhere in the country. They know how to bring a lawsuit and what evidence you require to support your claim, and what steps to take to present a convincing case.
The legal definition of expertise emphasizes the ability to perform actions however, there are other kinds of knowledge you have to be able to call an expert, such as declarative knowledge. An experienced attorney is able to interpret complex medical records, research the incident and formulate credible theories of what might have happened.
Medical errors can cause significant injuries that require expensive treatment. Your lawyer may request compensation, including reimbursement for medical expenses that have occurred in the past and projected future medical costs which result from the injury. They can also seek compensation for non-economic damages, like pain and discomfort.
Fees
The majority of medical
malpractice law firm lawyers practice on a contingent fee, which means that their fee is dependent on the amount awarded and not an hourly rate. The fee is usually between 33 percent and 40% of the gross recovery. The percentage may vary based on the specific case and the amount of damages.
New York law, and many states, have fees on a sliding fee scale. The first 10 percent is charged for most monetary recovery. Many clients are shocked to learn that their legal fee is not a straight out one-third of net recovery.
While this may seem like an unimportant system, it is a way of pitting the financial interests of lawyers against those of their clients, and can be detrimental to the client-lawyer relationship. It also discourages lawyers from refusing to settle a case for a low price and encourages them to counsel their clients to accept low settlement offers, even when they have a valid claim.
The good news is the medical malpractice lawyers at Lipsig, Shapey, Manus & Moverman have years of experience dealing with these complex cases and the resources to maximize your claim. They have won big verdicts such as the $2,750,000 jury verdict in Nassau County Supreme Court for one patient who was diagnosed with advanced stage prostate cancer due to an error on the part of the doctor.
Communication
A lawyer should be able to listen carefully and understand your concerns. They should be able, in turn, to consider the details of your situation and craft a compelling story that highlights the negligence of medical professionals that resulted in your injury or illness. They should be able communicate effectively with you as well as others involved in your claim. This includes being able to explain medical terms in a way that non-medical professionals are able to comprehend them.
Medical
malpractice lawsuits occurs when a doctor or nurse is unable to provide the quality of care that is expected of them, and in the process, someone is injured, becomes ill, or their condition worsens. A lawyer experienced in medical malpractice cases can help you to ensure that your claim is properly filed and drafted.
Reputable lawyers often post information about their most significant settlements or verdicts on their websites or blogs. These results can provide you with an idea of the value of your case. Be aware that each case is unique, and the value of your claim will be determined by its own unique set of circumstances.
Another aspect to take into consideration is how a medical negligence attorney is charged for their services. A lot of lawyers charge a percentage of the amount they receive. This arrangement is standard and should be clearly outlined in any representation agreement you sign.