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The Difference IS OUR PASSION We truly care about our clients NYC PERSONAL INJURY LAWYERS We've recovered millions. for victims of personal injuries. Get a risk free consultation Over 30 years Experience. We know how difficult this is
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Big insurance companies profit underpaying victims of personal injuries. Our team of attorneys helps correct this.

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Founding Partner - Lawscape

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Medical malpractice is somewhat of an all-encompassing term in the area of personal injury law. The term specifically refers to preventable accidents that are the result of the negligence of a medical care provider or entity. While physicians are often at the receiving end of such claims, hospitals, nursing homes, urgent-care facilities, and more are also involved in these types of claims. We’ll explain the makings of a medical malpractice lawsuit and how Lawscape Law Offices in Manhattan can help if you feel you have a viable suit. We offer a free case evaluation to help you get an idea as to how the process works and how your case could potentially pan out.

What’s required to establish a medical malpractice lawsuit?

A medical malpractice lawsuit requires several components to be brought to fruition. The strongest factor that must be present in all cases is that the injury must be sustained from a preventable error. This can be as simple as improperly using medical equipment, misdiagnosis, prescribing an incorrect medication or strength of medication, to surgical errors. While there are certainly more instances, these are among some of the most common scenarios. As previously mentioned, it’s not necessarily a physician or even nursing staff that must be at fault. Other common scenarios can include the following instances:

  • Nursing home support staff and nursing assistants
  • Hospital sanitation practices
  • Operating room technicians
  • Pharmacy staff
  • Chiropractors and dentists

Other components must also be in place to have a legitimate medical malpractice suit. The injury suffered must be from the negligent actions of the medical entity or care provider. Negligence is established by determining whether reasonable measures and actions were taken. If the provider or entity followed all the necessary steps and took reasonable measures, then negligence is most likely not to blame. A test that’s commonly applied is whether a similar professional or organization of a similar experience level would have acted differently. If so, then negligence was most likely the cause of the injury.

The injury must be sustained by the actions of this provider or entity alone and not related to any other instance. For example, if a patient failed to disclose medical information or concealed information, the responsibility would ultimately fall back on the individual. However, if this same information was disclosed and nothing was hidden, the provider should know the proper steps and actions to take in the given scenario. Another example is that of an unpredictable or unwanted outcome. A radical example might be that of a patient being unhappy with cosmetic surgery. While the patient may feel that their reputation may be at stake, that would be very difficult to establish as an actual injury that would substantiate damages.

Actual damages must also be established. This could include medical bills, therapy, loss of wages, and any other demonstrated losses. Punitive damages are often awarded when the pain and suffering of the individual is to be considered, as are other factors. Loss of opportunity, a diminished quality of life, and the limited functioning can also be considered. While this is a rather general overview of the basics of a medical malpractice case, the Manhattan medical malpractice lawyers at Lawscape Law Offices can determine the best course of action for your unique scenario.

Why do I need and attorney to represent me?

Quite simply, the legal system in the United States is complex and difficult to navigate. Many secondary opinions and expert witnesses are often needed to fully establish a case. Also, many cases are taken on a contingency basis. Without this option, many wouldn’t be able to afford the initial costs associated with commencing a lawsuit and the additional records and testimony required. Doing it right the first time is critical in personal injury cases. Skilled attorneys, such as those with Lawscape Law Offices in Manhattan, also command much higher settlements and verdicts. Expert knowledge of the law and expert negotiating skills are essential to winning a case.

How do I get started?

A free case evaluation will give you a better idea as to whether you’d like to proceed with the process. You’ll also have a better understanding of the timeline and steps along the way. Getting in touch with our office is fast and easy. Reach out to us via our online chat feature or give us a call to get started, today!

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40 Fulton Street, NYC, New York, 10038.
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Long Island

Long Island

1 Old Country Road, Carle Place, New York.
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Suffolk County

Suffolk County

150 Motor Parkway, Hauppauge, New York, 11778.
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