January 09, 2023 | Publications

When Do I Need a Medical Malpractice Lawyer?

According to one of the most recent studies, almost 100,000 people in the United States die due to preventable medical mistakes in hospitals. There are also other studies indicating that malpractice is about 200,000. If you have experienced an injury caused by a medical provider, you should consult a medical malpractice lawyer, and Karasik Law Group is ready to assist you.

What Is Considered Medical Malpractice?

Medical malpractice is defined as a mistake or negligence on the part of healthcare practitioners. It is considered the third leading cause of death in the United States.

The most common malpractice cases in the US include bed sores, birth injuries (such as Erb’s palsy, cerebral palsy, and brain injuries), plastic and cosmetic surgery errors (and other surgical errors), and diagnosis errors (such as delayed diagnosis, failure to diagnose, and misdiagnosis). 

Medical Malpractice Statute of Limitations in New York

In the state of New York, injured patients have 30 months to file a medical malpractice suit. By the end of this 30-month time limit, filing a lawsuit will no longer be entertained, regardless of the level of damage and type of their injuries.

When You Need a Malpractice Lawyer

Determining if you have a malpractice case. The first step with any malpractice case is to determine if you even have one. The mission of a medical malpractice attorney is to review your personal situation and concerns to determine if you have a valid claim. Also, malpractice attorneys identify the degree of harm a patient has experienced.

Providing expert witnesses. Most malpractice cases rely on witness testimony, and it may take a lot of work to secure expert witnesses. A malpractice attorney helps find and provide witnesses for malpractice cases. For example, if you suffered harm from a surgeon, an attorney may help you find another surgeon to be your witness who has more education or experience. They will be able to explain what went wrong in your case and what mistake was made.

Communicating with insurance companies and healthcare providers. Communicating with an insurance company and medical providers can be very stressful, especially after experiencing medical malpractice. If you hire a medical malpractice lawyer, you do not have to do it – your lawyer will represent you and communicate with them directly. This way, it will eliminate the unnecessary pressure from you because you will not have to worry about asking or saying something that could harm your case.

In addition, you will not be pressured to accept a settlement from your insurance company. Your lawyer will advise you on whether the compensation you are offered is enough.

Knowing what damages you should claim. If you have experienced medical malpractice, you can seek different types of damages. A malpractice attorney will help you determine what damages you should claim and what type of compensation you are entitled to receive.

It is very important to know and understand the types of compensation in order to increase your chances of winning the case. The three most common types of damages to claim include: 

  • General Damages (related to potential loss of income)
  • Special Damages (calculated as medical claims)
  • Punitive Damages (designed to punish a healthcare provider)

General damages are usually the most difficult to pin down.

Contingency fee. Often, malpractice injury lawyers only get paid if their clients settle or win the case in court. That is why they are invested in the success of their malpractice cases and do all they can to help their clients to win. If you hire a malpractice lawyer, they will advocate in your best interests and ensure you receive the compensation you deserve.

Seek a Medical Malpractice Attorney Today!

Are you seeking an experienced and professional medical malpractice lawyer in Brooklyn to represent your interest? Then, do not hesitate to contact Karasik Law Group, which provides personalized and bespoke legal services to clients living in Brooklyn and other surrounding areas.

Our attorneys are known for their excellent litigation and negotiation skills which have earned Karasik Law Group a respectable reputation in the legal community. Call us today if you have any questions or are ready to schedule your first free consultation with our medical malpractice attorney in Brooklyn.