A person who has been seriously injured due to hospital negligence will have a lot of things on their mind. One of the questions they will want to have answered is, “Are medical malpractice cases complicated?” Because of the parties involved, medical malpractice cases are often some of the most complex areas in personal injury law. However, a skilled and experienced attorney will be able to navigate the ins and outs of the case and help you recover the compensation you deserve. Contact our office today for more information.
Are Medical Malpractice Cases Complicated? | Liability
Medical malpractice cases are complicated for a variety of reasons. First, it can be hard for the patient or the patient’s family to know who is truly responsible for what happened. Hospitals, healthcare providers, nursing homes, assisted living facilities, pharmacies, and surgical centers can all be hard for patients and their families to deal with. It’s important to have a New York medical malpractice lawyer to help you determine who is responsible and hold them accountable.
Are Medical Malpractice Cases Complicated? | Proving Negligence
With medical malpractice cases, there are several elements that must be met. One of the most important elements is the opinion of one or more medical experts with the same medical specialty who can ascertain whether what happened was the result of someone (including a corporate entity) ignoring best practice standards. For example, if it were a birth injury, the expert would be from the field of obstetrics and pediatrics. It would need to be someone with years and years of experience delivering and caring for babies and mothers. If the baby had a heart defect that may have been caused by a medical error, a pediatric cardiologist may also be used as an expert.
Are Medical Malpractice Cases Complicated? | Dealing with Insurance Companies
Often, medical malpractice insurance providers also get involved. While this may seem like a good thing, and it can be at times, it can also mean a lot of pressure for victims and their families. They may be pressured to accept a settlement that is unfair and doesn’t cover all of their medical bills, lost wages, or other financial and emotional damage caused by the incident. If the settlement agreement is signed, you could lose your right to sue or for future medical care for the injuries sustained. Special needs such as cerebral palsy and hypoxia to the brain or other internal organs can result in a lifetime of care, occupational therapy, speech therapy, and other expenses that could amount to hundreds of thousands or millions of dollars over the child’s life.
If you believe that you may have a valid claim, call a New York medical malpractice lawyer immediately. Medical malpractice claims must be filed within two and a half years from the date of the injury. If you don’t file before the end of that time limit, you will be barred from making your claim. Don’t wait. Contact an experienced New York medical malpractice lawyer right away!