If you have been injured due to the negligence or error of a doctor, nurse, surgeon, or other medical professional, you will need an experienced New York medical malpractice lawyer with experience in complex litigation. Medical malpractice lawsuits often involve complex issues and are based on the application of highly technical legal principles.
Regardless of the specifics of your case, there are certain elements that must be present in all medical malpractice claims:
Medical Malpractice Lawyer with Experience in Complex Litigation
The first step in establishing liability is to prove that your healthcare provider breached the standard of care. Your attorney will review your medical records, test results, and other documentation to identify any deviations from accepted practices. The next step is demonstrating causation, which means showing that the defendant’s breach directly caused your injury or harm. This is often the most challenging aspect of a medical malpractice claim, as defendants will argue that your injuries were a result of an underlying condition and not their malpractice.
The attorneys in your medical malpractice lawsuit will exchange information about your injury through pretrial discovery and depositions of the physicians involved. During a deposition, the physician is asked questions under oath by attorneys representing you and the defendant. The deponent can be cross-examined by other attorneys in attendance, and the process is usually repeated, recrossed, and redirection until all parties have exhausted their questions. A jury will then determine the extent of your damages, which include economic and non-economic losses. The most common types of economic damages are past, current, and future lost wages and earnings capacity. Non-economic damages include pain and suffering, disfigurement, loss of enjoyment of life, and emotional distress.
