Medical Malpractice FAQs
How do I know if I have a case?
The best way to find out about your case is to meet with a knowledgeable attorney with experience. Jeffrey J. Shapiro and Associates offers a free initial consultation. Call 800-728-5478 to find out about your case.
How much can I get for my injury?
It works this way: the greater the injury, the greater the compensation. The law allows you to recover the full extent of your losses, including lost wages, medical expenses, and pain and suffering. That being said, there's no way to know what your case is worth without talking to an attorney.
What is your hourly fee?
We do not charge for an initial consultation or for that matter, for any time it might take us to decide whether you have a case. Our firm, like almost all law firms who handle these types of cases handle them on a "contingent fee" basis, meaning that we only get paid at the end of the case if the case results in a settlement or a plaintiff's verdict. Our fee is a percentage of the recovery, usually one-third. The fee we earn is contingent on a successful outcome, which means that you do not pay us if we lose.
What about medical and other expenses?
We will advance expenses incurred in the preparation of a case. If there is a successful outcome we deduct the expenses "off the top" of the recovery and apply the percentages to the net sum (in that way we share part of the expenses). While New York allows lawyers to advance expenses for their clients the rules state that the client must be ultimately responsible for the expenses if the case is lost. Since so much is riding on the outcome, we are very careful about the cases we take.
How long after the injury can I still file a lawsuit?
It depends upon the type of case and who is being sued. This period of time is called the Statute of Limitations. However, you don't want to delay. As time passes, crucial witnesses and evidence may disappear and that can hurt your case. Acting promptly to explore your rights is always a good idea. If you think you've been hurt due to negligence, call an attorney immediately.
What is medical malpractice?
Medical malpractice occurs as a result of a doctor improperly treating a medical condition, and when the improper treatment or negligence is the cause of a new or worse injury to the patient. This is also known as medical negligence.
If I get worker's comp benefits, can I still file a lawsuit for a job site injury?
Medical Malpractice may result from:
- A delay or failure in diagnosing a disease; or
- A surgical or anesthesia related mishap during an operation;
- A failure to gain the informed consent of the patient for an operation or surgical procedure; or
- A failure to properly treat a disease even if the correct diagnosis has been made
- A misuse of Prescription Drugs or a Medical Device.
What should the patient prove in order to succeed in a medical malpractice suit?
To establish medical negligence, an injured patient, the plaintiff, must prove:
- That there existed a duty owed by the health care professional to the patient;
- That there is an applicable standard of care, and the health care professional's deviation from that standard is deemed a breach of the duty owed to the patient;
- That there is a causal relationship between the deviation from the standard of care and the patient's injury; and
- That there is injury to the patient.
- The injured person has to prove that the physician’s conduct fell below a generally accepted standard and to establish the standard to be applied, a plaintiff must present the testimony of another medical expert, indicating the standard required and establishing that the physician has failed to meet this standard.