Medical malpractice is a big deal all over the world. In NYC it accounts for a lot of the cases that personal injury law firms take on. Victims of medical malpractice tend to come to law firms in a state of anxiety, by putting their trust in a medical practitioner they have in fact further damaged their health.
Malpractice results in a deep sense of betrayal and a desire to obtain justice and financial compensation. However medical malpractice cases are rarely simple, aside from the intense emotional states involved, evidence often revolves around highly specialized medical testimony, etc. Let’s go over the details with an experienced malpractice attorney.
What does medical malpractice mean?
Medical malpractice means that a medical practitioner provided treatment or recommended a course of treatment which damaged the patient’s health. Cases of medical malpractice that result in a death are treated as ‘wrongful death’ cases. Medical practitioner could mean a general practitioner, hospital, surgeon, cosmetic surgeon, chiropractor, dentist or many more.
How will it be decided if my claim is valid?
The validity of your claim will be decided by the strength of the evidence you present. Your medical history and present condition will be thoroughly scrutinized in order to determine if your illness was pre-existing or if it stems from something other than the course of treatment executed by the defendant.
Medical experts will testify to the validity of your claim. It is advisable to keep a personal record of your condition, for example photographing visual symptoms, and to retain witnesses’ statements.
What damages does a person receive if their medical malpractice claim is successful?
If their claim is successful the victim usually receives their total medical expenses, an amount equal to the income that the victim lost as a result of the illness, and compensation for any negative effect that the illness had on their marital relations.
