Medical Malpractice Lawsuits – The Legal Process Made Clear

Medical malpractice lawsuit’s legal process made clear claims can be very complicated. The legal process to prove negligence in a medical malpractice case involves establishing the existence of a doctor-patient relationship, the doctor’s failure to meet the appropriate standard of care for similar professionals in the same situation, causation, and actual damages. In some states, there are additional requirements that must be met for a claim to be valid. For example, the plaintiff must have a second qualified medical practitioner to support the validity of the complaint and provide an affidavit of merit.

In the vast majority of medical malpractice cases, a plaintiff will need to prove that their injury was caused directly by a physician’s breach of duty. But even if the medical professional did not follow the proper standard of care, it is important to establish that the breach of duty was responsible for the patient’s injury. Otherwise, the case may be dismissed because there is not a sufficient link between the two. This concept is known as proximate cause.

For example, if the doctor diagnosed lung cancer and a person died because of untreated colon or rectal cancer, it is not possible to demonstrate that the diagnosis was incorrect and that the patient’s death was a result of the mistake. This is because the underlying illness or condition already existed before the doctor’s encounter with the patient. In these types of cases, it would be difficult to show that the doctor’s actions contributed to the injury or death.

Typically, the legal process in a malpractice lawsuit begins with the filing and service of a summons and complaint. Then, the parties engage in “discovery,” through which documents are exchanged and depositions are taken. The discovery process is often the most time consuming part of a medical malpractice case. However, it is necessary to a successful conclusion to the litigation.

A jury will ultimately decide if the plaintiff has suffered damages and how much those damages are worth. A jury award can include both compensatory and punitive damages. Compensatory damages are designed to make a victim whole again, while punitive damages are meant to punish the defendant for their conduct.

If you or a loved one was the victim of medical malpractice, it is critical to consult an experienced lawyer as soon as possible. An attorney can review your case and determine the validity of your claim, and if so, will work with you to obtain all available compensation. If you are not able to pay for an attorney on your own, many attorneys will work on a contingency basis and only collect their fees if they win your case. To schedule a consultation with an experienced attorney, please contact our firm today. We represent clients throughout New York City. If you are unable to come to our offices, we can also travel to your home or hospital for an appointment. We look forward to hearing from you.

Legal Traction: The Crucial Role of a Slip and Fall Lawyer in Premises Liability Cases

Accidents happen, but when they occur due to the negligence of property owners or managers, the consequences can be severe. Slip and fall incidents are among the most common accidents leading to premises liability claims. These occurrences can result in injuries ranging from minor bruises to severe fractures or head trauma, impacting the victim’s physical health, financial stability, and overall well-being. In such cases, hiring a slip and fall attorney becomes pivotal in navigating the legal complexities of premises liability claims.

Understanding Premises Liability and Slip and Fall Incidents

Premises liability refers to the legal responsibility of property owners or managers to maintain a safe environment for visitors or guests. When someone is injured due to hazardous conditions, such as slippery floors, poorly maintained walkways, inadequate lighting, or other negligence on the property, the owner or manager may be held liable for the resulting damages.

Among various premises liability incidents, slip and fall accidents are prevalent. These incidents occur when individuals slip, trip, or fall due to unsafe conditions on someone else’s property. Factors contributing to these accidents may include wet or slippery floors, uneven surfaces, lack of proper signage for hazards, or even poor maintenance of the premises.

The Role of Slip and Fall Attorneys

Slip and fall attorney for premises liability claims specializes in handling cases related to premises liability, specifically focusing on incidents where individuals sustain injuries due to unsafe conditions on someone else’s property. These legal professionals possess the expertise and knowledge necessary to navigate the complexities of such cases and ensure fair compensation for their clients.

Investigation and Evidence Gathering: A skilled attorney will conduct a thorough investigation to gather evidence supporting the claim. This may involve collecting photographs, witness statements, surveillance footage, maintenance records, and other relevant documentation to establish liability.

Legal Counsel and Representation: Slip and fall attorneys provide legal guidance throughout the entire process. They assess the situation, determine the viability of the claim, and advise clients on their legal rights and options. Additionally, they represent their clients in negotiations with insurance companies or in court proceedings if a fair settlement cannot be reached.

Negotiation and Settlement: Attorneys leverage their negotiation skills to pursue a fair settlement on behalf of their clients. They strive to obtain compensation that covers medical expenses, lost wages, pain and suffering, and other damages resulting from the incident.

Litigation, if Necessary: In cases where a settlement cannot be reached through negotiation, slip and fall attorneys are prepared to take the case to court. They present compelling arguments, utilizing their legal expertise and evidence gathered to advocate for their clients’ rights in front of a judge and jury.