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Medical Malpractice Attorneys

Medical malpractice cases are highly specific and require the expertise of a seasoned New York medical malpractice attorney. Malpractice attorneys often work on a contingency basis which means that they get paid by a percentage of the amount recovered in the matter.

Lawyers must always consider whether they have the experience and expertise to take on an individual case or client. This could lower the likelihood that a malpractice lawsuit will be filed.

Experience in Litigation

Malpractice cases take a lot of deal of work and can be very complicated. You must ensure that your attorney has experience with medical malpractice cases and understands the nuances of this legal specialty. Ask your attorney how many medical malpractice cases they have handled and what kind of casework is typical in their practice.

Medical malpractice is when medical professionals fail to follow the accepted standards of medical care. This includes nurses and doctors and diagnostic imaging technicians, physicians that read test results, and medical equipment manufacturers. A New York medical malpractice attorney will help you identify parties that could be responsible for negligence and determine if they are entitled to be sued.

The best malpractice law firm lawyers can clearly explain both the potential benefits and disadvantages of your case. They will be able to, for instance, inform you of precedents that may favor your case and give examples of why it is not feasible to make a claim for medical malpractice.

An experienced malpractice attorney will also be a pro negotiator and can help you negotiate a fair settlement with the insurance company or the party responsible for your injuries. If they are unable to provide you with straight answers regarding the status of your claim it could be a sign you should find another attorney that can give you more accurate and clear details.

Expertise

An expert is defined as someone with a sufficient level of expertise in the subject area that enables them to make informed opinions and offer advice. The term is used to describe those with advanced degrees, highly professional credentials, specialized experience or significant education in a specific area.

Medical malpractice attorneys often consult with experts to know the specific standards of care in every case. This helps them identify how your healthcare provider went against the established standard and present this to the court of law.

The expertise of your lawyer also means they are knowledgeable of the laws that regulate medical malpractice claims in New York and across the nation. They know how to make a claim and what documentation you'll need to support your claim and what steps to take to present a convincing case.

Declarative knowledge is one of the areas of knowledge that you require to be an expert. An experienced attorney is able to interpret complex medical records, research your injury and develop a reliable theory of what should have happened and how a healthcare provider failed to meet that standard.

Medical mistakes can lead to serious injuries that require expensive treatment. Your lawyer may request compensation, including reimbursement for medical expenses incurred in the past and the projected medical costs which result from the injury. They can also demand compensation for non-economic damages, such as suffering and pain.

Fees

Most medical malpractice lawyers are on a contingent basis which means that their fee is dependent on the amount awarded and not an hourly rate. The fee ranges from 33 percent and 40% of gross recoveries. The percentage can differ based on the particular case and the amount of damage owed.

New York law, and the majority of states, set fees on a sliding scale. The first 10 percent is charged for lowest amount of monetary recovery. Many clients are shocked learn that their legal fee is not a straight out one-third of their net recovery.

While it might appear as an unimportant system however it puts the financial interests of lawyers against those of their clients, and is detrimental to the client-lawyer relationship. It also discourages lawyers from refusing to settle cases for less and encourages them their clients to accept low settlement offers, even when the claim is legitimate.

The good news is that the medical malpractice attorneys at Lipsig, Shapey, Manus & Moverman have experience in handling these cases and the resources to maximize your claim. They have won significant verdicts, including the $2.75 million verdict that a jury in Nassau County Supreme Court awarded to a man who contracted advanced prostate cancer due to an incorrect diagnosis by a doctor.

Communication

A lawyer must be able listen to you and be able to understand your concerns. They should be able take the specifics of your situation and write a narrative that illustrates the negligence of your doctor that caused your injury or illness. They must be able to communicate effectively with you and the other people involved in your case. It is important that they are able to explain medical terms to non-medical professionals.

Medical negligence occurs when a doctor or nurse fails to provide the medical care that is expected of them and as a result, someone is injured, ill or their condition gets worse. A lawyer with extensive experience handling medical malpractice cases can help ensure that your claim is correctly prepared and filed.

Reputable lawyers frequently post news about their biggest settlements or verdicts on their blogs or websites. These results can give insight into the potential value of your case. Be aware that each case is unique and the worth of your claim will be determined by your unique set of circumstances.

A medical malpractice attorney's fees are another factor to consider. A lot of lawyers are on a contingency fee, meaning that they do not charge upfront fees, but instead, they charge an amount of the award that they win for you. This is a standard arrangement and should be stated clearly in any representation agreement you sign.