Do you have enough evidence for a medical malpractice case?
We put our trust in medical professionals and when they fail us it can be heartbreaking. Suffering a personal injury due to medical negligence may rile up such frustration that we might want it to end up in court. However, the reality is that you really need a lot of solid evidence if you want to make it worth your while. Legal expenses can be very costly and you may walk away with less cash in your pocket if you don’t have sufficient evidence.
What is sufficient evidence?
The thing with medical malpractice lawsuits is that the evidence is often very technical from a medical perspective. Firstly you have to prove unequivocally that the doctor did something wrong. So you will have to have accurate information on how the procedure was supposed to be done vs. what had actually happened. The doctor’s actions will have to be compared to what one of his peers would have done in a similar situation. You will need a medical practitioner as an expert witness and specifically, one practicing in the same field as the doctor that you are suing.
You must also prove that the damages that you suffered are a direct result of the doctor’s negligence. It’s not sufficient to prove that the doctor did something wrong and that you have not healed. You have to prove that what the doctor did wrong caused the injury.
You also have to prove that a doctor-patient relationship existed at the time of the procedure because this means that the doctor had a legal duty to treat you correctly. If another doctor gave advice and this advice caused your personal injury, it’s possible that you will not be able to sue the doctor who gave you the wrong advice.
Talk to an expert personal injury lawyer
Let’s imagine that a person was run over by a car and suffered severe injuries. The person filed a personal injury complaint, the lawyers agreed that he had a good case and a legal battle followed. Midway through the proceedings – the victim of the accident dies due to his injuries. What happens now?
Any uncompleted actions in the personal injury case are now ceased
Furthermore, any claims for damages due to pain and suffering are now no longer relevant. The case now belongs to the victim’s estate and his representative will be responsible for tying up the loose ends.
A wrongful death case can now be pursued
If the victim died before the case reached such a point where the victim could be compensated for his expenses, the family can decide to file a wrongful death case. Now that the victim is deceased, the costs that need to be compensated for is a lot different. Now, a whole lifetime of wages hangs in the balance as well as funeral costs, financial support given to others such as educational assistance as well as the medical expenses incurred while the victim was still alive.
Make sure that you have an expert lawyer to help your case
Talk to your doctor
Talk to another doctor
If your doctor is not forthcoming in helping you with your misfortune, you can decide to file a personal injury case due to medical malpractice. Remember that you will need to be able to prove that it was due to your doctor’s negligence that you suffered personal injuries, in other words, that you wouldn’t have suffered the same if you’ve gone to another medical professional. By getting the advice from another medical professional you will be able to get a certificate of merit for your case – which will be needed during the legal proceedings to prove your case.
Talk to a medical malpractice lawyer
Once you have established that your doctor was indeed negligent and you have obtained the evidence from another medical professional, you can go to a qualified personal injury lawyer to evaluate your case. Remember that you only have two and a half years in New York state to file a personal injury complaint due to medical malpractice and that the clock starts ticking from the moment that you have suffered the injury. It’s best to talk to a specialized lawyer as soon as possible.
Linden Law specializes in medical malpractice. If you believe that you have a case and would like to file a complaint against your doctor, you can call us at 212-804-8440. Otherwise, you can visit our offices at 1500 Broadway Suite 903 in New York City.