New York Medical Malpractice Lawyers

Medical Malpractice Lawyers practicing in New York City work to help victims of medical negligence receive compensation for thier injuries. To do this, there are Medical Malpractice statutes in place in New York to ensure the protection of both doctors and patients.

Three Elements of a New York Medical Malpractice Case

Determining if you have a medical malpractice case in New York requires meeting certain criteria. Generally, the three criteria include injury, causation and liability. Simply put, a meritorious medical malpractice case requires that the victim was caused injury by a medical professional, and that had the doctor or nurse or other medical professional acted as prescribed by typical medical practices, the injury would not have occured.

• If you need legal help with a Medical Negligence Claim, click here for a Free Case Review with a New York Medical Malpractice Lawyer to discuss the details of your case.

Consulting with a New York Medical Malpractice Lawyer

If you think your situation may qualify as a legitimate Medical Malpractice case, then it's time to consult with a New York Medical Malpractice attorney. The consultation process is a way for you to determine the validity of your case by presenting it to a specialized lawyer, who will break down your story and find out if the it meets the three criteria above. The consultation works to give you and the lawyer an initial meeting to determine the facts, and decide whether or not to pursue legal action before spending any money.

Breaking down a Medical Malpractice Case

As stated above, New York Medical Malpractice law requires three elements be present for a claim to be valid.

1. Injury

The victim must have suffered physical harm or damage as a result of a medical treatment. If your medical professional made a mistake, but you were not injured by it, then there is no case, per New York law.

2. Causation

If an injury has been caused, your lawyer must be able to prove that the injury was a direct result of something the medical proffesional did. Hence the term "causation", as the medical professional must have caused the injury.

3. Liability

The liability requirement in a New York Medical Malpractice claim functions to establish that the medical professional had a duty to the patient, to perform in such a way as to not harm them.

Once you and your attorney determine that your situation qualifies for compensation per New York Medical Malpractice Law, the claim will be filed and the process will start.

New York Statute of Limitations

View this video of Gerry Oginski, a New York Medical Malpractice Lawyer, to hear information on the Statute of Limitations which apply for the State of New York.

Will my Medical Malpractice Claim go to Court?

Most New York Medical Malpractice claims will end up being settled before going to trial. However, it is important to always be ready to go to court if need be. Sometimes a defendant, usually a doctor and an insurance company, will attempt to scare the prosecution and victim into accepting a lower settlement amount by making them think they will beat them at trial.

If you and your medical malpractice lawyer believe your case has merit, you may choose to go to trial to prove it. In many cases, the defendants will back down at this point and accept your settlement offer, to avoid even more expense of going to trial in the New York court system.

• If you need legal assistance with a Medical Negligence Claim, please consult with a Medical Malpractice Lawyer near you to discuss the details of your case. This website is for informational purposes only, and nothing stated here should be taken as legal advice.