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BRAND BRAND NOMBERG
& ROSENBAUM, LLP

Medical Malpractice Attorneys New York

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What should I do if I believe a doctor committed medical malpractice while treating me?
Get your medical records from this doctor or hospital as soon as possible including records from any subsequent treating doctors for your injuries.

What must I prove to have a case for medical malpractice?
You must prove that the doctor departed from accepted medical care causing you injuries.  Sometimes doctors make mistakes, but not all mistakes rise to the level of a departure.  Sometimes there is a departure of accepted care but no injury results because the problem is timely corrected.  If the injuries from a departure are not very serious, it is usually not cost effective to commence a suit considering that medical malpractice cases are expensive to litigate.

Are medical malpractice cases expensive to litigate?
In New York State, you must have a another physician of a relevant specialty review the appropriate medical records and determine if there is a good faith basis to proceed with a suit. The doctors will usually charge for their time by the hour.  When hundreds of pages of medical records need to be reviewed, the costs for the initial review could be several thousands of dollars.  Once a case is taken, the medical expert will need to be consulted throughout the case and review the deposition transcripts of the parties and other medical records.  The medical expert will also be needed to testify at trial and some charge between $5,000 to $15,000 to testify.  The costs of a medical malpractice suit can easily rise to $50,000 dollars and more. Therefore, unless the injury is significant, it may not be worth the expense of litigating the case.

How long do I have to commence a lawsuit for medical malpractice?
Generally, the time to commence a lawsuit is two and a half years from the date of malpractice; however, there are many different rules that have expanded or earlier time periods depending on the age of the injured person, the defendant, the type of malpractice, and whether treatment for the condition has continued beyond the initial medical departure. A claim against a municipal defendant such as a city hospital will require immediate paperwork to be filed within 90 days of the accident. Only an experienced New York medical malpractice attorney after speaking with the client and reviewing the records will have a better idea of when the statute expires and what needs to be filed.

Is there a chance my medical malpractice case will settle?
All cases have a chance of settlement depending upon many factors.  If the demand to settle a New York medical malpractice case is too high based upon the facts of the case, it will likely not settle. Likewise, if the offer to settle a NYC medical malpractice case is too low the same result will occur.  Attorneys on both the plaintiff and defense side try to evaluate each case and determine a fair settlement value, but sometimes the parties cannot agree and a case goes to trial for a jury to decide.  The client plays a significant role in this result as well.  It is always the client’s decision on whether to settle the case and for what amount.  The medical malpractice attorney is there to give guidance on what a fair amount to settle is for the case.  If the client decides to settle for a lesser amount, that is the client’s choice.  The client must remember that a settlement is a guaranteed monetary award while going to a jury involves the risk of getting nothing, so settlements are always preferred.  These are important decisions that must be discussed with an experienced medical malpractice attorney New York.