By A Medical malpractice lawyer can be a lifesaver when it comes to pursuing compensation for your losses in cases where negligence by doctors or hospitals has caused you harm. Malpractice claims are often complex and contested, and many victims who do not have the help of an attorney wind up with inadequate financial recovery or none at all. An experienced New York Medical malpractice lawyer can handle all the legal aspects of your case and ensure that you receive full and fair compensation.
The most important part of a medical malpractice claim is the establishment of the duty of care owed by the doctor or hospital in question. This means proving that the medical professionals in question had a duty to treat you according to established medical standards, and that they failed in this duty. It is also necessary to prove that this breach of duty led directly to the damages you are claiming, such as pain and suffering, loss of enjoyment of life, and other non-economic losses.
In many cases, the most effective way to demonstrate that the doctor in question committed a breach of the duty of care is through the use of expert witness testimony. An expert medical witness can explain to the court how the doctor in question failed to meet the standard of care and that this failure resulted in your injury. A good medical malpractice attorney will have a network of qualified and trusted experts who can provide this testimony on your behalf.
Depositions are a common part of the discovery process in medical malpractice cases, and they are usually held in the presence of attorneys for both parties as well as the medical expert. The deponent is questioned first by the attorney for the plaintiff, and then cross-examined by the defense counsel. Depending on the case, other experts may be called to testify as well.
During the course of a trial, it is also possible for the jury to award additional compensation, such as punitive damages or exemplary damages, which are designed to punish the defendant and deter future malpractice. This type of compensation is typically awarded when the underlying medical error results in an especially severe or egregious injury or when the defendant’s actions were particularly outrageous.
If you have been injured by the negligence of a healthcare provider, contact Gregory Spektor & Associates now for a free case evaluation. We have helped our clients win countless medical malpractice lawsuits, including a $6.35 million settlement for a woman who suffered brain damage due to a negligent spinal surgery, and a $1.5 million verdict in a medical malpractice case involving a missed cancer diagnosis. We represent clients throughout the state of New York, including Brooklyn, Queens, Manhattan, The Bronx, Nassau and Suffolk (Long Island). Please note that New York has a statute of limitations for filing a medical malpractice lawsuit, so do not delay in contacting us. We can arrange a meeting in your home, at our office, or at another location that is convenient for you.
