Has a recent trip to the doctor or medical practitioner left you worse off than when you walked in? Have you been forced to empty your savings to deal with a doctor’s poor care? Do you feel like your last medical appointment was not up to its usual standards? If the answer is yes to these questions, you may be a victim of medical malpractice. At Birzon & Associates, our medical malpractice lawyer in Smithtown can help determine if you are a victim, and what can be done to right this wrong.
What is Medical Malpractice
If you are looking to file a medical malpractice suit, you will be one of between 15,000 and 19,000 claims against doctors each year. But what takes place during medical malpractice? Healthcare providers are held to a certain standard of care. Falling below this standard, and creating harm for the patient, is considered medical malpractice.
Requirements Needed for A Claim
To show you are the victim of medical malpractice, you will need to be able to prove the following specifications:
- A doctor-patient relationship existed.
- The doctor was negligent.
- The doctor’s negligence caused the injury.
- The injury led to specific damages.
A medical malpractice lawyer in Smithtown can use all the facts of your case to help prove the above information.
Lawsuit
Once you feel confident that you were the victim of medical malpractice, you can file a lawsuit to seek justice for the wrong-doing. Before the case ever reaches trial, both parties may agree and settle outside of court. Should your claim end up going to trial, however, your lawyer must be able to prove beyond a reasonable doubt that the defendant was negligent in their care. The judge will hear your case and come to a verdict based on facts that were presented. If the judge rules in your favor, they will determine what damages you receive. Damages you may be entitled to could potentially include the following:
- Compensatory – economic damages awarded to cover the plaintiff’s past or future losses.
- Punitive – can only be awarded if the defendant is found guilty of malicious or willful misconduct, used specifically to punish the defendant.
While there is every possibility an agreement can be reached before a case ever hits trial, there is no guarantee of this developing. Unfortunately, there are no set timelines for a medical malpractice suit to be resolved due to the variables within each case. However, Birzon & Associates will work towards closing your case as swiftly as possible and with extensive attention to detail. A medical malpractice suit can be physically, mentally, and financially draining. You may want to file a lawsuit, but are worried about depleting your wallet even more than it already has been as a result of this situation. Do not fret about putting your trust in Birzon & Associates. We will pair you with a medical malpractice lawyer in Smithtown whose main goal is to help you win your case. Contact us today to get started.
