At some point, we all put our trust in medical professionals as their patients. In turn, medical professionals owe their patients to provide care within accepted standards of medical care. When doctors and other healthcare providers deviate from those standards, this can cause severe, life-changing injuries and conditions that require on-going, costly medical care. If this happens to you, you'll want to consult with an attorney to understand your rights.
COMMON TYPES OF MEDICAL MALPRACTICE:
- Failure to Warn a Patient of Certain Risks. This is the result of a doctor either not fully explaining or failing to warn of the known risks of the treatment, procedure, or surgery. This is known as the duty of informed consent.
- Failure to Diagnose. This occurs if the outcome of the patient would have been better if the doctor had made a different diagnosis or discovered the patient's illness.
- Improper Treatment. If a doctor treats a patient in a way that no other competent doctor would, there might be grounds for a lawsuit. This could also apply to a doctor who selected the appropriate treatment but administered it improperly to the patient.
Who Can Be Sued for Medical Malpractice?
- Physician assistants
- Nurse practitioners
- Nursing homes
- Medical teaching facilities
- Corporate entities associated with medical providers
- Physician practice groups
WHAT WILL MY ATTORNEY'S FEE BE?
New York's Judiciary Law 474-A provides that in a medical malpractice case the attorney's fee is 30% for the first $250,000 of the sum recovered. For the next $250,000 recovered, the fee is 25%. For the next $500,000 recovered the fee is 20%. For the next $250,000 recovered the fee is 15%. After that for any amount recovered over $1,250,000 the fee is 10%. Percentages are calculated on the net sum recovered after deduction of expenses and disbursement for expert testimony and investigative or other services properly expended by the attorneys in enforcement of the client's claim. A reputable personal injury attorney will not charge you a fee unless you win your case, either by going to trial and obtaining a judgment in your favor or via a settlement.