Find an Experienced Medical Malpractice Lawyer Parker Waichman LLP is known for having some of the best medical malpractice lawyers in the industry, and our firm handles numerous types of medical negligence cases, ranging from simple errors to enormous acts of carelessness by health-care providers. We never shy away from complex cases, and we work […]
Parker Waichman LLP is known for having some of the best medical malpractice lawyers in the industry, and our firm handles numerous types of medical negligence cases, ranging from simple errors to enormous acts of carelessness by health-care providers. We never shy away from complex cases, and we work tirelessly to make sure that our clients receive the compensation they deserve. If you have a potential medical malpractice case, contact our firm for a free case consultation today. You’ll be able to speak to a compassionate member of our team and quickly begin working with an experienced medical malpractice lawyer who will fight for your legal rights. When you need the best medical malpractice attorney, the smart choice is Parker Waichman.
While the facts of every medical malpractice case will undoubtedly differ, as will the requirements for a successful medical malpractice lawsuit, cases we see often occur because of the same types of negligence. Common types of medical malpractice include:
If you have been the victim of one or more of these medical errors, contact Parker Waichman today to pursue a medical negligence lawsuit. You will be able to speak to one of our compassionate lawyers about the details of your case and start putting together a plan for investigating your claims and pursuing legal justice.
When you chose Parker Waichman to handle your medical malpractice case, our attorneys for medical malpractice will immediately begin working to investigate your claims and present you with the best legal options for you and your family. Our firm will conduct all of the following tasks on your behalf to make sure we develop a strong case to take to court:
We understand that you have suffered real injuries and need a timely, favorable result in your case. We will place the full force of our experience and knowledge behind your case to make sure that you have the best possible opportunity to get compensation that will restore your peace of mind. Our firm is dedicated to helping you during this difficult time, and you can count on us to deliver results.
When we litigate medical negligence cases, we are generally going to need to prove four elements in court or throughout the process of the case:
These elements are commonly known as the “four D’s” of medical negligence: duty, dereliction, damages, and direct cause.
The malpractice lawsuit lawyers at Parker Waichman will always fight to prove every element of our clients’ cases. We have access to renowned experts around the country who we can consult to be sure that we don’t miss anything and can come to the table prepared to win your case. If you have been the victim of medical malpractice, contact our firm today to find out more about our case strategies and the results we have been able to achieve for our clients.
The basis for a malpractice claim is a failure to act in a way that would be reasonably expected from someone with their training and experience. In a medical malpractice case, this means providing treatment that’s not up the standards of the medical profession.
Medical negligence is the foundation of a medical malpractice case. It occurs when a doctor or other health-care provider falls below the accepted standard of care in the medical profession. This means the doctor or other provider made an error that should not and would not have been made by another doctor or provider in the same situation.
While the phrases sound very similar, experienced medical lawsuit attorneys know that there’s a subtle difference: Medical negligence occurs when a provider makes a mistake that causes harm to the patient, while medical malpractice happens when they make a conscious choice, knowing that that choice risks harming the patient. They may not intend to hurt the patient, but the harm comes from a deliberate act rather than an accident or oversight.
Very serious: Medical errors are currently the third leading cause of death in the United States, after heart disease and cancer. A Johns Hopkins study found that more than 250,000 people die in the U.S. every year due to physician negligence.
Misdiagnosis or a delayed diagnosis is the number one reason for most medical error cases. The rationale for these cases is the underlying harm these misdiagnoses do to the patient, who now has missed treatment opportunities that could have prevented wrongful death or further injuries.
It can be difficult for the victim and medical malpractice attorneys to prove wrongdoing. The burden of proof is on them to show that the health-care professional deviated from the standard level of care to cause harm and that the patient’s injuries are because of this deviation and not an underlying condition.
Some of the most common examples of medical malpractice we see include:
Each of these types of errors would be considered malpractice if the patient was injured and a reasonable medical provider would not have made the same error. An attorney with our firm can work with you to discover the facts of your case and what accident happened during the course of your treatment. Contact Parker Waichman today if you’re looking for “the best medical malpractice lawyers near me.” We’ll review your case for potential acts of negligence for free.
Lawyers for medical issues can help you pursue claims related to cases of malpractice in health care and other types of medical lawsuits against hospitals or medical professionals. These attorneys may work in insurance law, personal injury law, and/or contract law.
Medical malpractice and negligence is covered under tort law, the type of civil law that governs cases involving personal injury and other types of harm.
If you feel like an error was made during your care or if a physician tells you there has been a mistake, you might begin to suspect that you need a malpractice lawyer to look into potential negligence. You personally knowing something to be true and your lawyer proving it to be true are different things, however. Call us for a free consultation and we can evaluate your situation to see if you have a good case for a medical malpractice suit.
If you decide to move forward with your hospital malpractice claim, your skilled attorneys will seek to prove malpractice by establishing the applicable standard of care and proving that your doctor did not meet it. This is called breach of the standard of care. Your medical accident lawyer will likely prove that a breach has occurred in your case by hiring medical experts to testify about what your doctor did versus what your doctor should have done.
If you believe that you have been injured due to medical malpractice, you should contact experienced medical negligence lawyers near you immediately. When you work with Parker Waichman, an experienced malpractice lawyer will order your medical records and fully investigate the details of your injuries, then work to build the strongest possible case on your behalf. Do not delay in seeking a medical malpractice consultation from an experienced attorney: The sooner you call us, the more time we’ll have to compile your claim under the statute of limitations. Parker Waichman’s skilled medical neglect attorneys can speak to you today; just call our offices for a free consultation.
It is possible to represent yourself in a medical malpractice and negligence lawsuit, but just because you can doesn’t mean it’s a sound strategy for a successful legal malpractice case. Medical malpractice lawsuits can be difficult to prove even with an attorney who has extensive knowledge of this field of law; suing physicians and/or hospitals on your own isn’t a good idea.
When you’re looking for a malpractice lawyer, you’ll want to take these steps:
When you’re talking to a hospital malpractice attorney, there are a few questions you should ask, such as:
Working with medical litigation lawyers on a malpractice claim can help you to recover compensation for treatment that was required as a result of the health-care provider’s actions.
The average settlement for a medical malpractice lawsuit is usually somewhere between $200,000 and $400,000. However, keep in mind that the details of each situation are unique: The amount of money that plaintiffs in other medical malpractice cases won may be higher or lower than the amount your claim is worth. Our attorneys aggressively fight for clients’ rights to compensation, but we can never guarantee a specific payout. That said, our attorneys for medical malpractice cases will work as hard as possible to secure the following types of damages on your behalf:
We know your injuries have significantly affected your life, and we will do everything we can to achieve the results you need to move forward.
More than 95% of medical malpractice claims end in a settlement. Only about half even go to trial, and just 5% end up being decided by a court verdict.
From start to finish, medical malpractice claims often take two to four years to resolve when they end in a settlement, and they can take even longer if a full trial is necessary. The legal system sometimes moves rather slowly, and it can move even slower if your case is particularly complex and requires extensive discovery, including numerous depositions.
Often, after we file a claim, we will get a scheduling order from the court that sets deadlines by which tasks must be completed and assigns the case a trial date. But even that is subject to change based on the course of discovery and the court’s busy schedule as time progresses. Our legal staff will always do our best to keep you updated and provide accurate timeframe information, but understand that sometimes, we just won’t know an exact time.
Typically, the formula for calculating malpractice settlements is the expected jury verdict if you won in court multiplied by the percent likelihood of the plaintiff prevailing during the trial.
Legal costs can vary, but when you work with Parker Waichman, you’ll pay nothing out of pocket for our services. Our attorneys work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If we don’t get you compensation, we don’t get paid.
Often, the medical malpractice statute of limitations is as little as two years, but your deadline to file a legal claim will vary depending on where you live and the specific details of your case. The best way to figure out the correct statute of limitations for your claim is to work with one of the top medical malpractice law firms near you.
Parker Waichman is extremely diligent about assessing statutes of limitations very early in our case review process because we want to have informed conversations with our clients about their filing options and we want to be sure we have sufficient time to build winning cases. If you have a potential medical negligence case and are concerned about the statute of limitations, contact our law firm today for a free consultation.
Winning your med-mal lawsuit requires proving these basic requirements for a medical malpractice claim:
On average, medical neglect lawyers take about 34% to 40% of the settlement or award, but that number can vary widely depending on the circumstances and the attorney.
If you’re searching for “medical malpractice lawyers near me,” our nationwide law firm can help. Parker Waichman has several offices in New York, including Manhattan, Brooklyn, and Queens, as well as an office in Port Washington on Long Island. We also have locations in Florida and New Jersey. Feel free to visit our contact page for office addresses and for more information about our locations. You may also call us if you need directions to one of our offices.
No physician is immune to mistakes, but when those mistakes mean that a patient is severely injured, the physician needs to be held accountable. Parker Waichman has vast experience advocating on behalf of injured people and their families in medical malpractice cases to secure the compensation they deserve. Trust your legal claim to the best medical malpractice attorney you can find: If you have, or your family member has, suffered harm because of medical negligence, contact our law firm today for a free consultation with a malpractice lawyer by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).
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