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Top 5 Ways To Prove You Have a Valid Malpractice Case
First, remember that not every injury or complication means there's been malpractice. Just because you get a bad outcome, doesn't necessarily mean there's been malpractice.Second, try to determine what the doctor did wrong. If you're not sure, ask your current doctor what was done wrong. Many times, an injured victim will learn from another doctor that their prior treatment was improper. Then again, not all doctors will be happy to point a finger at another colleague.
Third, look to see what injuries you suffered from the doctor's wrongdoing. Often times the injuries are not directly related to the malpractice. In a medical malpractice case in New York, we must prove that the doctor's wrongdoing was a substantial factor in causing your injuries. If your injuries are unrelated to the wrongdoing, you won't be able to prove a successful case.
Fourth, look to see how your injuries have disabled your daily life. If they're minimal, you're going to have a tough time finding a good medical malpractice attorney to take your case.
Fifth, look to see whether you've followed your doctor's advice and have made efforts to get the medical help you need to improve your condition. Many times an injured patient refuses to follow a doctor's advice, or fails to mitigate their injuries by getting corrective surgery or treatment. If you fall into this category, your chances for obtaining the maximum value for your injuries will drop significantly.
Veteran New York malpractice attorney Gerry Oginski says, "When looking for an attorney to evaluate your malpractice case, look for experience, and an ability to communicate well with you. Does he (or she) answer all your questions and treat you as if you're the only client in the world? Does he provide you with free information and free reports about medical malpractice and lawsuits before you ever walk into his office? Remember, there are many lawyers out there. Learn how to choose a lawyer before you ever enter a lawyer's office, and then choose wisely. Doing so will make you a better informed consumer."
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