The Value of a Medical Malpractice Case
Medical malpractice is all too common. According to The Journal of the American Medical Association, 225,000 people die each year from medical malpractice. The actual number of injuries from medical malpractice is estimated to be over one million (1,000,000) people per year. However, a clear majority of these incidents go unreported. If you or a loved one has been injured, it is important to speak with a New York City medical malpractice lawyer from Stephen Bilkis and Associates. They will discuss the value of a medical malpractice case and advise you of your legal options.
It is important to note that there are certain elements that must be present to have a medical malpractice action:
- There must be a relationship between the medical professional and the patient.
- The medical care must have fallen below an acceptable level of care (breach).
- The medical negligence must have caused the injury (causation).
- There must have been measurable harm done to the patient as a result (damages).
The medical standard of care is often the most argued point in a medical malpractice case. To prove the medical standard two things are necessary:
- It must be established what the standard of care is in the given situation.
- It must be proven that the doctor breached this standard.
There are many ways these cases can arise, but they usually involve:
Failure to Warn a Patient of Known Risks: Your doctor has a duty to warn you of any risks regarding a procedure or treatment. This is called the duty of informed consent. If the patient would not have gone through with this procedure had they known of the risks involved, and the victim is harmed, the doctor can be liable for medical malpractice.
Substandard Treatment: If a doctor treats a patient the way most doctors would not, there could be a malpractice action involved.
Failure to Diagnose: If the doctor failed to improperly diagnose a patient and that delay in diagnosis caused an injury to the patient, there could be malpractice present.
Being a victim of medical malpractice is confusing and stressful. As a patient, you put your trust into medical professionals to help you when you are ill. Unfortunately, sometimes this trust is broken. A New York City medical malpractice lawyer from Stephen Bilkis and Associates can help. We have over 100 years of cumulative experience and have won some of the biggest jury awards of their time. To date, we have received over one half billion dollars (500,000,000) in awards for our clients.The Value of a Medical Malpractice Case
To assess the value of a case, there are many aspects of your injury that need to be analyzed. How did your injury take place? What is the state of your current health? What is your prognosis? How much work have you missed? What are the insurance policy limits?
Medical Damages: Depending on the injury involved, you could have sky high medical bills, whether your injury deals with a back injury, birth injury or broken bone. Your medical damages include the costs of surgery, hospitalizations, doctor's visits and medication. It can also include medical costs that you could have in the future.
Lost Wages: If you have suffered a serious injury, you may have missed a significant amount of work. You have a right to be compensated for your lost wages.
Pain and Suffering: You have the right to compensated for the pain and suffering that your injury has caused you. You may be in physical and emotional pain. You may no longer be able to do the things that you enjoy, which is called "loss of quality of life." Consulting with a medical malpractice lawyer serving New York City is important, as they will help determine an appropriate amount of compensation.
Insurance Policies: The insurance company you are dealing with is relevant to your case. Every company operates differently and will value your injury differently. The policy limits are very critical to your case outcome. The policy limit acts as a cap on the money you will be able to collect from the insurance company. Your lawyer will do their research on this, and make sure there are no other policies attached, such as an umbrella policy.
Taking all the above issues into consideration, your lawyer will begin to have a better idea what your case could be worth. Here are a few similar case outcomes:
$19,000,000 Settlement: Child born severely hypoxic resulted in traumatic brain injury.
$62,000,000 Settlement: Surgery went awry for an ectopic pregnancy, resulting in a life-threatening infection and the amputation of both feet.
$55,000,000 Settlement: Dialysis service provider overused anemia medication for thousands of patients.
If you or a loved one has been the victim of medical malpractice, our legal team understands how stressful this can be. Stephen Bilkis and Associates is here to help. Our sole focus is for you to receive the best of care and compensation for your injuries. We can discuss the value of a medical malpractice case and devise a plan going forward to get you the compensation you deserve. Speak with a premises liability lawyer at one of our New York City locations. We have offices in Manhattan, Queens, Staten Island, the Bronx, Brooklyn, Nassau County, Suffolk County and Westchester County. Call us today for a free consultation at 800.696.9529.