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What Does a Medical Malpractice Lawyer Do?

A Medical malpractice lawyer is a lawyer who has experience with cases where patients are injured or killed due to the negligence of medical professionals. Malpractice claims are often complex and require expert medical testimony. Medical malpractice lawyers are experienced in the legal process and know how to build a strong case to get maximum compensation for clients.

When medical professionals deviate from the accepted standards of the healthcare industry and a patient is injured as a result, the victim may file a medical malpractice lawsuit against that physician or health care provider (known as the defendant). Other parties who can be named in a medical malpractice claim include hospitals, clinics, doctors who read test results, nurses, pharmacists, emergency room workers, doctors who perform surgical procedures, and manufacturers of medical devices.

An example of medical malpractice occurred when singer/actress Julie Andrews underwent a throat surgery to remove some minor nodules from her vocal cords. The procedure went wrong, and she was left unable to sing. A medical malpractice case was filed against the doctor, and he was found guilty of negligence.

All medical procedures have risks. Doctors are required to advise patients of these risks, so that the patient can give informed consent before having a procedure performed. If a doctor does not do this, and an injury or illness occurs as a result, the patient may file a medical malpractice lawsuit against the doctor.

A successful claim for medical malpractice damages can provide victims with financial compensation for past, present and future losses. These can include medical expenses, lost wages, and the cost of ongoing or anticipated medical care related to the malpractice. It can also compensate for noneconomic loss such as pain and suffering.

The law requires that plaintiffs in a medical malpractice suit show that the defendant violated his or her duty to act within the standards of the healthcare industry. This is not always easy to do. It is up to a knowledgeable medical malpractice attorney to carefully examine the medical records, interview experts, and gather other evidence to make a compelling case.

An experienced New York medical malpractice attorney will have a detailed working knowledge of the strategies used by defense attorneys in malpractice cases. They will know how to challenge the expert witness testimony of the defense and will have a good idea as to which party or parties to name in the lawsuit.

An experienced New York Medical malpractice lawyer will also be able to level the playing field when negotiating with insurance companies. Insurance representatives are there to save their company money, and they will often offer a lowball settlement that will not cover all your losses. A good malpractice lawyer will negotiate with the insurance company to maximize your financial recovery. Medical malpractice claims can be very complex and time-consuming to resolve. An attorney will help you through every step of the process, from filing a complaint to receiving your final award.

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