Hundreds of thousands of people suffer from serious injuries or death every year due to medical malpractice. For many patients and their families, filing a malpractice lawsuit is the only way to recover their losses, find out what happened and prevent others from suffering similar injuries or death. Because of the significant sums involved in these cases, victims often need to work with attorneys who specialize in medical malpractice. But finding such an attorney can be a difficult and time-consuming process, especially for those without much legal experience or those who don’t make very big salaries, like children, the elderly or stay-at-home moms.
The first step in determining whether you may have a malpractice claim is to meet with an experienced New York medical malpractice lawyer and discuss your case. The attorney will look at your medical records, work with medical experts and investigate the circumstances surrounding your injury. They will also work with insurance companies to understand your coverage. Then, they will begin building a case for you to prove that a health care professional violated the standard of care and how that violation affected your life.
A good malpractice lawyer will have a great track record and be prepared to fight for you in court if necessary. They will take the time to carefully listen to your story, explain your rights and options and determine if they can help you with your case. They will be honest with you about your chances of success and will not take on a case they do not believe is strong enough to win.
When you hire an attorney for a attorney for medical malpractice cases, he or she will usually only get paid if they win or settle the case. This arrangement is called a contingency fee. Typically, the contingency fee is one-third of the award or settlement. If you cannot afford to pay the full contingency fee, the attorney may agree to a sliding scale where the percentage is lower as the award increases.
There are some lawyers who charge by the hour. It is less common for these lawyers to take on a malpractice case because of the complexity and expense of this type of litigation. However, in some cases, a lawyer may suggest this type of payment arrangement if they believe that you have a strong case but are not confident that it can be won.
In some cases, a physician’s malpractice insurer will offer a lump sum settlement to the victim in exchange for releasing any future claims against the doctor or clinic. The attorney will review the terms of this offer and negotiate a fair settlement on your behalf.
New York City is home to some of the nation’s best hospitals and doctors, but even the most skilled professionals can make mistakes that can have devastating consequences for patients. The attorneys of Dalli & Marino have extensive experience representing clients in the boroughs of Brooklyn, Queens, the Bronx, Staten Island, Nassau and Suffolk (Long Island), and have won several million dollar awards for their malpractice clients.