According to the Bureau of Justice Statistics, an estimated 2,449 medical malpractice cases were disposed of by jury or bench trial in general jurisdiction state courts in 2005 throughout the United States. Approximately 99% of these trials were decided by a jury.
In less than a quarter of trials related to medical malpractice in New York, the plaintiffs were the prevailing party. According to recent studies, medical errors are now the third leading cause of death in the US. Due to this, many people are starting to ask more questions about malpractice and information on filing claims and lawsuits.
Here is a look at few medical malpractice in New York FAQs:
Q. What is medical malpractice?
A: In a nutshell, medical malpractice in New York, is when a healthcare provider commits negligence that causes injury or harm to a patient. It could be a doctor, nurse, surgeon, pharmacist or physician’s assistance. The negligence can take place at a doctor’s office, hospital, urgent care facility, surgical center or nursing home.
Every healthcare provider has a legal obligation to provide patients with treatment that meets the standard of care in the medical community. When there is failure to meet this standard on a healthcare provider’s part and a patient is harmed, you may have a viable claim for medical negligence or malpractice.
Q. How do I know if I have a claim?
A: Cases involving medical negligence can be extremely complex and difficult to evaluate due to the many complicated questions involved. It is important to remember that each case of medical malpractice in New York has unique circumstances. Many law firms use physicians and nurse consultants to evaluate claims.
Q. Will I have to testify if I file a medical malpractice lawsuit?
A: Most medical malpractice lawsuits are resolved before reaching court. In this type of lawsuit, settlement is beneficial to both parties for a number of reasons. Both sides are at risk when their case goes to trial.
Also, the defendant may not want to air what may be serious medical errors or systematic problems with the policies and procedures of a hospital in an open court. If the defendant offers a settlement, your attorneys will negotiate with their lawyers and discuss the different options you have. A settlement cannot be made without your permission.
If your malpractice lawsuit goes to trial, a majority of the testimony will be provided by expert witnesses who will explain the medical aspects of your case. If your testimony is required, your attorneys will make sure to properly prepare you before you testify.
Get Legal Expertise for Your Medical Malpractice Case
If you or a loved one has been harmed or injured due to a healthcare provider’s negligence or error, you should seek the legal assistance of an experienced medical malpractice attorney at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280.
It is important to get your case reviewed by a professional to make sure if you have a viable case. If you do, your legal counselor will advise you on the best course of action to take to hold the negligent party liable for your injuries and how you can recover maximum damages as per the law.
You need RMFW Law on your side. This is now a legal matter. There is no point in taking it out on the hospital since the culprit is no longer assigned to your case. Being hostile to random hospital staff members does not help the situation at all and could hurt you since you may need one of them on your side months later.
RMFW Law knows how to win these types of cases. You do not have a case unless a medical expert supports your claim. What do you have to say? What is your side of the story? We have medical experts to contact to see if your case is viable. Let’s open these legal doors today. Call RMFW Law now! We charge you nothing up front. We only win if you win.