If you were harmed due to a health care provider’s negligence, you may be entitled to recover the damages you suffered by pursuing a medical malpractice claim. However, you might be wondering whether retaining a lawyer is necessary — especially if the insurance company has already made you a settlement offer. No matter how straightforward you think your case is, medical malpractice cases are highly nuanced and require the representation of a skillful attorney to help ensure you obtain the compensation to which you’re entitled.
Here are five important reasons you should have a lawyer for your medical malpractice claim:
Medical Malpractice Cases Are Complex
Medical malpractice cases are complex. There are many legal and medical technicalities that come into play — and demonstrating a medical provider’s negligence can be challenging. Specifically, to establish malpractice occurred, you must be able to show that the provider failed to act in accordance with the accepted standard of care. A medical malpractice attorney will have the skill, knowledge, and experience necessary to evaluate your case, identify medical errors, and analyze medical documentation to prove your claim.
A Medical Malpractice Attorney Will Know How to Navigate the Legal Process
The legal process associated with filing a medical malpractice claim can be complicated — and there are specific rules that apply to these types of cases. A medical malpractice attorney will have the knowledge necessary to guide you through the legal procedures associated with commencing a lawsuit, conducting discovery, and filing motions. In addition, if your case goes to trial, they will know how to utilize expert witnesses to strengthen your case, argue your case before a jury, and help ensure you obtain the monetary recovery you deserve.
A Medical Malpractice Attorney Will Know How to Build Your Case
Building a medical malpractice case requires knowledge of not only the law — but also medicine. A medical malpractice attorney will have deep insight regarding the evidence you need to demonstrate that a healthcare provider’s negligence caused your injuries. They will also know how to consult with experts, obtain copies of your medical records, assess your medical history, and collect the evidence you need to hold the medical provider accountable for their negligence.
They Will Know the Statute of Limitations
If you’ve been a victim of medical malpractice, it’s essential to understand that you only have a limited amount of time to file a lawsuit. While the statute of limitations for medical malpractice in New York is typically 2.5 years from the date of injury, there are several exceptions. A medical malpractice attorney will assess your case and know the statute of limitations that applies so that you do not risk being barred from recovering compensation for your damages.
A Medical Malpractice Attorney Will Know How to Obtain the Compensation You Deserve
Whether it was the result of misdiagnosis, delayed diagnosis, medication error, surgical error, or another form of medical malpractice, the injuries caused by a doctor’s negligence can be life-altering — and significantly impact the quality of your life. You may have suffered substantial economic and non-economic damages. A medical malpractice attorney will know how to value your case and negotiate the best possible outcome with the insurance company on your behalf. If the insurance company refuses to pay out a fair amount, a medical malpractice attorney will know whether a better result can be achieved at trial.
Contact an Experienced New York Medical Malpractice Attorney
If you have suffered an injury due to medical malpractice, it’s crucial to have an attorney who can help ensure the negligent provider is held accountable. The Edelsteins, Faegenburg & Brown, LLP is a New York personal injury firm that has been fighting for the victims of medical malpractice since 1937. Handling every case with the time and attention it deserves, we have earned a well-deserved reputation among our clients and colleagues for securing substantial settlements and verdicts. Contact us to schedule a free consultation at (212) 425-1999 today.