Medical Malpractice New York: You Have a Good Case, Do You?

If you think that your medical malpractice New York case is going to be as easy as giving a high five you may be wrong. So you think you have the most clear cut case with the right medical documents, the best lawyer, and obvious injuries. You already have planned in your mind what you are going to spend the excess cash you get from your medical malpractice settlement after you pay your medical expenses. Hold on to your pants for a hot minute, you have some significant issues that need to be addressed.

It is rare that a medical malpractice New York case is so straightforward that a doctor or his attorney would throw up the white flag and surrender immediately. It is also extremely rare for a defense attorney or their insurance company to recognize the extent of your injuries and again throw out the white flag. Medical malpractice lawsuits in New York, Brooklyn, Bronx, Queens, Staten Island, Nassau & Suffolk counties are the most fought-over and litigated matters in the court system. The defense attorneys are among the most experienced and knowledgeable in the trial bar. They make their living defending doctors and hospitals. The statistics for medical malpractice cases in New York State the defense wins over 2/3 of the cases.

When people get rapped up in their medical malpractice they decide to leave out information that they deem unnecessary and not important to their case. By not telling your lawyer about your current bankruptcy will get your lawsuit dismissed from court unless your lawyer takes the necessary steps to get approval from the bankruptcy trustee to proceed forward with a lawsuit in your behalf. Also, you better tell your lawyer about your prior conviction. You will definitely be asked that question at your deposition, and if you do not tell your lawyer about it at the beginning of your case, not only will your lawyer be upset, but he may question what other significant matters you have been hiding from him. If you lie about your conviction and if you've have been convicted or plead guilty in the past and you deny every having been convicted, you are in trouble. The defense will do a criminal background check on you. When you get to testify at trial, just be aware that your credibility will be destroyed at trial.

In order to obtain a successful medical malpractice or medical negligence case in New York, your attorney must be able to show that there were departures from good and accepted medical care. He must also show that those departures were a substantial factor in causing your injuries. Your injuries must be significant and permanent. Notably, all three of those elements must be confirmed by either your treating physician, or a medical expert who has reviewed all of your medical records. If any one of those elements is missing, then there is no way to prove a successful case.

So you think you have a good case do you, you truly might, however those other unimportant issues you were going to leave out will play a larger role than you thought. The value of your injuries may be much different than you originally thought. Just because a fellow acquaintance of yours got a certain amount of money for their injury case, may not mean that you will get the same or even more. Every case and every injury is different. When you meet with an experienced medical malpractice New York lawyer, make sure to tell them about those details that you may think are insignificant however significant they may be.