Medical Malpractice Attorneys Medical malpractice cases require the expertise of a New York medical malpractice lawyer who is familiar with these types of cases. Many malpractice lawyers work on a contingent basis which means that they are paid as a percentage of the amount they recover. Lawyers must be aware of whether they possess the necessary knowledge and expertise to handle specific cases or clients. This can reduce the likelihood that a malpractice lawsuit could be filed. Litigation Experience Malpractice cases require a deal of work and can be very complex. You should ensure that your lawyer has experience dealing with medical malpractice cases and understands the various nuances involved. Find out how many medical malpractice claims your lawyer has handled and what type of casework they typically handle in their practice. Medical malpractice is when medical professionals fail to adhere to the accepted standards of medical care. This can include doctors, nurses, pharmacists diagnostic imaging technicians, physicians who interpret test results, and even manufacturers of medical equipment. A New York medical malpractice attorney can assist you in identifying the parties who may be responsible for negligence, and determine if they should be sued. The best malpractice attorneys will be able to clearly describe the potential advantages and drawbacks of your case. For instance, they will be able to inform you if there are any precedents that would favor your case, and provide examples of why a medical malpractice claim is not a possibility. A good malpractice attorney is also a skilled negotiator who can help you negotiate an acceptable settlement with the insurance company, or party responsible for your injury. If they're unwilling to give you clear information about the status of your claim, it may be an indication to seek out another attorney who will provide you with more accurate and clear details. Expertise An expert is someone with a sufficient degree of understanding in an area that allows them to make informed decisions and advice. The term is used to describe those with advanced degrees, highly professional credentials, specialized expertise or significant education in a specific area. Expert witnesses are often sought out by medical malpractice attorneys to determine the standard of care for each case. This knowledge enables them to find out how your healthcare provider deviated from the established standard of care and explain this to jurors. Your lawyer's expertise also means they are knowledgeable of the laws that regulate medical malpractice claims in New York and across the nation. They know how to make a claim and what documents you'll need to prove your case, and what steps to take to build a compelling argument. The legal definition of expertise focuses on the ability to carry out actions however there are different kinds of knowledge that you require to be considered an expert - such as declarative knowledge. A qualified attorney can read complex medical records, research the accident and develop plausible theories regarding what should have happened. Medical errors can cause significant injuries that require costly treatment. Your attorney may seek compensation for these expenses including reimbursement of the past expenses as well as future medical costs that result from your injuries. They can also demand compensation for damages that are not economic such as pain and suffering. Fees The majority of medical malpractice lawyers operate on a contingency basis which means that their fee is contingent upon the award and not an hourly rate. The fee ranges from 33% and 40% of gross recoveries. However, the percentage may differ based on the particular case and the amount of damages to be paid. New York law, and the majority of states, place fees on a sliding fee scale. The first 10 percent is charged for most monetary recovery. Many clients are shocked find out that their legal cost is not a straight-out one-third of the net recovery. This method may seem innocent but it pits financial interests of lawyers against the interests of clients and damages the relationship between the lawyer and the client. It dissuades lawyers from refusing a settlement that is cheap and encourages lawyers, even if the claim is true to advise their client to accept low-ball settlement offers. The good news is that the medical malpractice lawyers at Lipsig, Shapey, Manus & Moverman are experienced in handling the complexities of these cases and have the resources to make sure that your claim is properly handled and maximized. They have won big verdicts, such as the $2750,000 verdict by a jury in Nassau County Supreme Court for one patient who was diagnosed with prostate cancer that was advanced in stage due to a misdiagnosis on the part of the doctor. Communication A lawyer should be able and willing to listen to you and fully understand your concerns. They should be able to take the facts of your case and create a narrative that illustrates the medical negligence that led to your injury or illness. They must also be able communicate effectively with you and other people involved in your case. It is important that they can explain medical terms to non-medical professionals. Medical negligence occurs when a doctor or nurse fails to provide the medical care that is expected of them, and in the process, someone gets injured, falls ill or worsens their condition. A lawyer with extensive experience in dealing with medical malpractice cases can ensure that your claim is properly prepared and filed. Lawyers who are reputable often post information about their most significant settlements or verdicts on their websites or blogs. These results can give you an idea of the value of your case. Remember that each case is unique, and the value of your case will depend on your own unique set circumstances. Medical malpractice attorney's fees are another important factor to take into consideration. A lot of lawyers charge a percentage of the amount of money they win. This is a standard arrangement and should be clearly outlined in any representation agreement that you sign.