Can An Accident Injury Lawyer Help You With A Medical Malpractice Case?
Can an accident injury lawyer help you with a medical malpractice case?
Many people have a hard time handling financial challenges in the aftermath of an accident that could have been prevented if it weren’t for the negligence of another person. Medical bills, lost income, auto repair or replacement expenses and other costs can add up quickly. Fortunately, the law entitles victims to recover these expenses from those who cause injury to them. An experienced New York personal injury lawyer can help you understand your legal options to receive fair financial compensation.
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An attorney who specializes in personal injury can help with a variety of accident cases, including car accidents, trucking accidents, bus or subway accidents, and bicycle or pedestrian collisions. Regardless of what type of crash you have been involved in, it is critical to report the accident to police and your insurance company. In some cases, if you fail to report an accident, you may not be eligible to file a lawsuit seeking compensation for your losses.
Similarly, an accident injury lawyer can help you file a medical malpractice suit if you have been injured by the negligence of a doctor. Medical malpractice claims are more complicated than other types of injury lawsuits, because a doctor’s actions must be evaluated to determine whether they breached a standard of care. The standard of care is defined by the level of skill and caution that a medical provider with similar training would exercise in the same situation. To prevail in a medical malpractice case, an attorney must demonstrate that the defendant’s actions breached this standard and directly caused injuries from which you have suffered quantifiable damages.
New York laws require that victims of medical malpractice prove their claims by presenting expert testimony to support their claim. This is because medical malpractice cases often hinge on complex issues that are not easily understood by ordinary jurors. Without an expert witness to explain these issues, the jury could find in favor of the physician and dismiss your claim. An experienced accident injury attorney can help you retain an expert witness to provide the necessary evidence for your case.
A personal injury lawyer can also help you assess the extent of your losses and the appropriate amount to request for financial compensation. This process includes examining your immediate and future medical expenses, loss of earning potential, pain and suffering, and other economic and non-economic damages. An experienced New York accident injury attorney can use his or her knowledge of New York law and medical procedures to determine what amounts are reasonable for your claim.
An experienced attorney can also help level the playing field when negotiating with hospitals for the compensation you deserve. For instance, hospitals are generally liable for the actions of their employees, but doctors are considered independent contractors. Nevertheless, they may be under the control of the hospital if the hospital sets the doctor’s work hours and compensation rates or manages the doctor in other ways. A New York medical malpractice attorney can explain the legal relationship between a doctor and a hospital, which is critical for determining if you are able to sue a hospital for a doctor’s negligence.