Medical Malpractice Attorneys

Medical malpractice cases are extremely complex and require the knowledge of a seasoned New York medical malpractice attorney. Malpractice attorneys often work on a contingency basis, meaning they are paid by a percentage of the amount recovered in the matter.

Lawyers should be mindful of whether they possess the necessary experience and knowledge to manage a particular case or client. This can reduce the likelihood that a malpractice lawsuit will be filed.

Litigation Experience

Malpractice cases can be extremely complicated and require a lot of work. You want to be sure that your lawyer has experience handling medical malpractice cases and is aware of the nuances of this legal area. Ask your lawyer how many medical negligence claims they have handled and what kind of casework they typically handle in their practice.

Medical malpractice occurs when medical professionals fail to adhere to accepted standards of care. This includes nurses and doctors and diagnostic imaging technicians, doctors who interpret test results, as well as manufacturers of medical equipment. A reputable New York medical malpractice lawyer will help you identify all parties who may have committed negligence and determine if they are eligible to be liable for damages.

The most experienced malpractice lawyers can explain clearly both the benefits and drawbacks of your case. They can, for example, to inform you of precedents that may favor your case, and give examples of the reasons why it isn't feasible to bring a medical malpractice lawsuit.

An experienced malpractice attorney is also a master negotiator and can help you negotiate an equitable settlement with the insurance company or other party responsible for your injuries. If they refuse to provide you with straight answers about the situation of your claim, this could be a sign that you should seek out a different attorney who can provide more truthful and transparent details.

Expertise

Experts are people who have a high level of expertise on a specific topic, allowing them give informed opinions and advice. Generally, the term refers to people with advanced degrees, high levels of professional qualifications, specialization in training or experience in a specific field.

Medical malpractice lawyers frequently consult with experts to learn about the specific standard of care in every case. This knowledge enables them to identify the ways your healthcare provider deviated from the established standard of care, and explain this to jurors.

Expertise also means that your lawyer has a comprehensive understanding of the relevant laws concerning medical malpractice cases in New York and elsewhere in the country. They know how to start lawsuits, what documentation is required to prove your claim and what steps should be taken to build a compelling case.

The legal definition of expertise emphasizes the ability to carry out actions, but there are other types of knowledge that you have to be able to call an expert - such as declarative knowledge. An experienced attorney is able to read the medical records of a complex nature, investigate the cause of injury and formulate plausible theories regarding what could have occurred.

Medical mistakes can lead to serious injuries that require costly treatment. Your lawyer can seek reimbursement for these expenses, including reimbursement for past expenses and future medical expenses that result from your injuries. They may also seek compensation for non-economic damages such as suffering and pain.

Fees

Most medical malpractice attorneys operate on a contingency basis, which means that their fee is calculated based on the final award and not on an hourly rate. The fee is usually 33% or 40% of the total recovery. However, the percentage could vary depending on the case and the amount of damage owed.

In contrast to most personal injury cases that are billed at the flat rate of one-third of the net award, New York law and the majority of states have charge fees based on a sliding scale that starts at 30% and progressively drops down to 10% as financial recovery grows. 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 something that is not terribly complicated but it places the financial interests of lawyers against the interests of their clients, and is detrimental to the lawyer-client relationship. It hinders lawyers from refusing a settlement that is cheap and encourages lawyers, even if the claim is true to advise their client to accept settlements that are low-cost.

The good news is that medical malpractice lawyers at Lipsig, Shapey, Manus & Moverman have years of experience handling these cases and the resources to maximize your claim. They have secured large verdicts like the $2750,000 verdict by a jury in Nassau County Supreme Court for an individual who was diagnosed with prostate cancer that was advanced in stage due to a misdiagnosis by the doctor.

Communication

A lawyer must be able listen to you and be able to understand your concerns. They should be able to take the facts of your case and construct an argument that highlights the negligence of your doctor that caused your injury or illness. They must also be able effectively communicate with you as well as other people involved in your case. It is crucial to be able to explain medical terms to non-medical professionals.

Medical malpractice occurs when a physician or nurse fails to provide the care that is expected of them and as a result, someone gets injured, falls ill, or their condition worsens. Picking an attorney who has extensive experience handling medical malpractice cases will help ensure that your claim is properly prepared and filed.

Attorneys with a good reputation often post news about their most significant verdicts and settlements on their blogs or websites. These results can provide insight into the potential value of your case. But, remember that every case is unique and your claim will be analyzed by your own particular set of circumstances.

The fees of a medical malpractice attorney are another important factor to consider. Many lawyers charge a percentage based on the award they win. This arrangement is standard, and should be stated clearly in any representation agreement you sign.