How to File a Medical Malpractice Lawsuit

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The Institute of Medicine has submitted a report which provides insight into the medical malpractice cases reported each year. It is estimated that 44,000 and 98,000 people die in hospitals annually each year due to medical malpractice. A survey of doctors and other adults released by the Journal of Medicine found that more than third of the medical practitioners reported that they or their family members had experienced medical errors which led to serious health consequences. In the past several years we have been witnessing a considerable increase in the impact and cost of medical malpractice litigation. The typical medical malpractice compensation increased 176 percent to $1 million between 1994 and 2001. This has led to the higher malpractice insurance premiums for health care providers. Total premiums for medical malpractice insurance topped $21 billion during 2001, which was more than double the amount ten years ago.

The medical malpractice liability or medical malpractice law has two major objectives: to provide compensation to the victims of medical malpractice and to penalize and deter negligent acts by medical practitioners. However, this medical malpractice liability system does not direct appropriate compensation to the victims of medical negligence, nor does it proving effective in minimizing medical errors or negligent behavior. On the contrary, the medical liability system impedes the efforts,
which could be utilized to improve the safety of patients.

If you or your loved ones have been a victim of Medical Malpractice within New York City, then you should follow these simple guidelines:-

Step1: You must consult a qualified doctor right after the surgery if you do not feel well. The doctor from a qualified medical facility will examine your health status. The doctor will give his best opinion regarding whether your previous medical health center or hospital made a medical mistake while performing surgery. In certain cases your medical malpractice case could be related to the wrong diagnosis of a serious disease like breast cancer and other serious diseases.

Step 2: You can inquire about the legal history of your doctor or medical authority from the New York State Department of Health (http://www.health.state.ny.us). You can personally contact them too see if there are other complaints registered against your medical practitioner in the past.

Step3: You can study the outcome of similar medical lawsuits and should gain information related to your medical status. You can also consult your injury lawyer or medical malpractice lawyer within your region. Your lawyer will help you understanding various legal complications and whether you should pursue your case or not. Most of the medical professionals and authorities (public or private) have insured themselves in case of a lawsuit. They also hire experienced defense lawyers who will try their best to nullify your injury claim. It is best to consult an experienced medical malpractice attorney who will help you win your case.

Step4: Never fake an injury and always present correct facts to your lawyer or a separate medical practitioner who issues you a medical report. You should allow your lawyer’s medical expert to personally examine your medical records to perceive the extent of your injuries and trauma.

Step5: Most of the medical malpractice attorneys work on contingency basis. While hiring a lawyer on contingency basis, you don’t have to pay any amount. Your case will be filed by your lawyer free of charge. However once you win your lawsuit, your attorney will get a percentage of the compensation amount.

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