If you have been injured or lost a loved one due to the negligence of a healthcare provider, an experienced medical malpractice lawyer can help you. Your lawyer will be your voice and guide through the legal process, dealing with the healthcare providers and their insurance companies. He or she will ensure that you receive compensation for your losses. Those losses may include pain and suffering, loss of consortium, disfigurement, and other economic and noneconomic damages.

Malpractice laws vary by state, with some states imposing caps on the amount of damages that victims can receive. However, most Medical malpractice lawyer fight for their clients to get the maximum compensation possible under the law. In addition to assessing your potential case, a medical malpractice lawyer will be your advocate in court. He or she will handle all negotiations with the defendant’s attorney and insurance company to ensure that you receive fair compensation for your medical malpractice claim.

The medical malpractice lawyer in New York explains that there are four elements of a successful malpractice lawsuit:

First, the plaintiff’s attorney must establish that a doctor-patient relationship existed between the plaintiff and defendant. The next step is to prove that the defendant breached his or her duty of care by failing to meet the minimum standard of treatment for the plaintiff’s condition. This must be established through expert testimony.

Third, the plaintiff’s attorney must prove that the defendant’s breach of duty caused actual harm to the plaintiff. This can be difficult to prove in medical malpractice cases, but your New York medical malpractice lawyer will work hard to gather the evidence needed for a strong case. In some cases, a defendant will argue that the victim’s injuries or symptoms were pre-existing and did not result from the error. This is called contributory negligence.

Fourth, the plaintiff’s attorney must prove that a financial loss has occurred as a result of the medical mistake. This can include any out-of-pocket expenses incurred for the medical error, as well as future anticipated costs of care. Often, the attorney will call expert witnesses to testify about future cost estimates.

Depositions are an essential part of the litigation process in a medical malpractice case. They are typically attended by the attorneys for both parties and a representative of the doctor’s malpractice insurance provider. The deponent is questioned under direct examination by the plaintiff’s attorney, and then cross-examined by the other attorneys present. Each attorney may redirect and recross, until the other party’s questions are exhausted. Once the deposition is complete, the plaintiff’s attorney files a transcript of the testimony with the court. A judge then reviews the transcript and determines if there is sufficient evidence of medical malpractice and if the plaintiff has a valid claim for compensation. If the judge finds that the physician committed malpractice, he or she will award the plaintiff with compensatory damages. In most cases, this is a significant sum of money. However, some cases are less clear cut and a jury must decide the verdict based on their evaluation of the evidence presented at trial.