How to Bring a Medical Malpractice Lawsuit

Medical malpractice is a very complicated area of law. Doctors have specialized training and must meet state licensing requirements to be qualified to treat illnesses and injuries, but even the best doctors can make mistakes that lead to serious consequences. Our medical malpractice attorneys are committed to helping people recover compensation for medical errors that cause them injury and suffering.

A doctor’s error can have devastating and life-altering effects on the patient, including permanent disabilities, traumatic brain injuries, paralysis, or death. Many victims of medical malpractice must live with the physical, emotional and financial consequences of their doctor’s negligence for years to come.

The first step in bringing a medical malpractice claim is to consult with a New York Medical malpractice lawyer who can analyze the facts of your case and determine whether or not you have a viable claim for damages. There are a number of legal deadlines that must be met before your case can proceed, so it is important to act quickly.

There are three key elements that must be proven in a successful medical malpractice lawsuit: the physician or healthcare provider owed the victim a duty of care; the medical professional breached that duty of care (committed negligence); and the breach of duty directly caused the injury. To establish a breach of the duty of care, our attorneys work with medical experts to demonstrate that the standard of treatment would have been different had the medical professional followed current acceptable standards of practice.

A claimant may also be entitled to a variety of compensatory damages, including past and future medical expenses, lost wages, disability, and pain and suffering. In addition, a patient who suffers from severe or catastrophic injuries due to a physician’s negligence may be able to recover punitive damages. Punitive damages are intended to punish the defendant and send a message that such negligent behavior is unacceptable.

The medical malpractice lawyers at Lipsig, Shapey, Manus & Moverman have extensive experience representing injured patients and their families in claims against physicians, hospitals, nursing homes, and other health care providers. We spend a great deal of time examining voluminous medical records and speaking with expert witnesses in order to prepare a strong case for our clients, and we have the resources needed to successfully resolve the cases we take on.

The first part of a medical malpractice lawsuit involves filing a civil summons and complaint with the appropriate court, followed by the defendants’ 30 day deadline to file an answer to the complaint. Once the answer is filed, the parties can begin the discovery process which includes written interrogatories and requests for production of documents such as medical records. Our medical malpractice lawyers have the skills and resources to fight for every dollar you deserve in your case. They have a detailed working knowledge of the strategies used by defendants in medical malpractice lawsuits, and they are prepared to effectively respond to those defense tactics to maximize the amount of money that our clients receive.

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