Doctors, nurses, and other medical professionals provide necessary health care for those in need. One of the foundational principles in medical ethics is “non-maleficence,” or “do no harm,” enforcing the ideal standard of care that professionals follow. However, when a medical professional acts negligently or fails to act when they should, patients like you suffer the consequences. With any medical procedure, there is always some risk involved. Unfortunately, some professionals take unnecessary risks, causing harm or injury to their patients in the process. If you’ve been significantly injured due to the negligence of a doctor, you may be eligible for compensation! Although these cases are complex and challenging for the average client to navigate, medical mistake lawyers are here to help! Those at Shaevitz & Shaevitz in Queens, NY, help you through the complex legal process, securing compensation on your behalf!
Do I Have a Medical Malpractice Case?
Medical malpractice cases are very difficult to pursue and relatively expensive considering the amount of time, effort, and money that goes into them.
In many cases, minor injuries due to the negligence of a medical professional aren’t worth the legal battle to collect compensation. However, major injuries that result in life-changing or long-lasting effects may be worth pursuing!
After a medical mistake accident, contact legal experts like Shaevitz & Shaevitz for assistance. We offer free case reviews that help us determine what your injuries may be worth.
You may have a medical malpractice case if your situation meets the following 3 criteria:
- A medical professional must violate the standard of care. This “standard” refers to the accepted behavior/treatment among medical professionals for a certain disease. For example, it’s not standard practice to treat the common flu with chemotherapy. If a medical professional provided chemotherapy for a patient with flu-like symptoms, they would violate the standard of care.
- The violation of said standard must cause injury to the patient. Treating someone with the flu using chemotherapy would have unfortunate and lasting consequences. It may cause harm or injury to the patient that would never have happened without this medical mistake.
- The injury must be severe, significantly altering the patient’s quality of life. In some cases, being prescribed the wrong medication is simply an annoyance. In other cases, the wrong treatment can lead to serious illness, injury, or even death.
After a medical mistake, contact experienced lawyers to determine if you have a medical malpractice case.
How Medical Mistake Lawyers Prove Negligence
Medical mistake lawyers will ensure that all 3 of the criteria above are true before encouraging you to pursue legal action. Once we determine that you have a case, we will then begin building your lawsuit.
Most importantly, we have to prove that your medical professional acted negligently, causing your injuries. Negligence can be difficult to prove, as many patients may suffer pre-existing conditions that have the potential to cause them harm. The defense will likely argue that your injuries would have occurred anyway, even without the mistake of a medical professional.
However, by collecting evidence such as expert testimonies and clear documentation of your injuries and their cause, we’re able to build a case that demonstrates the negligence of the other party!
With the duty of care and its breach established, we then determine the value of your case based on your injuries. Often, clients like you experience lost wages, expensive medical bills, and non-economic costs, such as pain and suffering.
Who Pays for My Compensation?
You may be able to file a medical malpractice claim against any medical professional who acts negligently, including:
Doctors- Nurses
- Physician assistants
- ER staff
- Surgeons
- Pharmacists
- And more
However, most medical professionals and institutions have medical malpractice insurance that pays for damages on their behalf. As your medical mistake lawyers, those at Shaevitz & Shaevitz will help you determine who to file with and within their statute of limitations.
In most cases, cases with private doctors have a statute of limitations of 2 years and 6 months from the date of the injury, or when you learned about it. However, medical professionals employed by the government have a statute of limitations of just 90 days.
If the insurance company refuses to pay what your injuries are worth, we are ready and willing to take your case to court on your behalf!
Trust Medical Mistake Lawyers in Queens, NY, With Your Case!
Medical professionals have a duty of care towards their patients. When they breach this duty, their negligence can cause significant and lasting damage! If you’re injured due to a medical professional’s negligence, you may be entitled to compensation! Book a free consultation at Shaevitz & Shaevitz to learn if your case is worth pursuing legally.
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