NY Medical Malpractice-How To Find an Attorney

It's holiday time. You're sitting around the table listening to family members discuss the tragedy that has befallen on someone close to you. You hear these questions: "How did this happen?" "Why did this happen?" "Why didn't the doctor speak to us after it happened?" "What if..." Read the article to learn more...

Beware of the "Medical Expert" consultant

I was contacted today by a physician who claimed to do expert witness work for injured victims. He wanted some business. I asked him what his medical speciality was. Instead of a direct answer, he said he'd done consulting for attorneys before, and that if I want, I should go to his website to see what he has done.

I said "No. Tell me what your medical specialty is."
His reply- "Research."
"Are you board certified in any field of medicine?"
"No, but I help attorneys understand their case, and I don't have to be board certified to testify."
I asked, "How can you testify as a credible expert witness if you're not board certified?"
His response: "I do this all the time. I don't really testify. I help explain the case to you so you become more familiar with the medicine."
"What types of cases do you review?" I asked incredulously. "Surgery, pulmonary, cardiac, cancer..." was his reply.

I was amazed.

I then asked why I should hire him, and then have to hire a second expert to testify at trial? I only heard silence on the phone.
I asked again.
"Why should I hire two medical experts; one who reviews the case, and another who testifies?"
His reply was "Because I'm a better teacher."

"But wait," I said. "You still haven't answered my question."
"If I hire a medical expert to spend 5 hours to review medical records, and that expert feels the case has merit, I don't want to hire another expert two years later to review the case starting fresh, and close in time to the trial. That's double the work, and double the money. What do you have to say about that?"

He had no answer.
"But I'm a better teacher," he repeated.
"So are many of the experts I hire. They're clinical doctors with academic credentials who are board certified," I said.
I was getting frustrated talking with this guy.
"What good does it do for my client if you're a good teacher, but you can't come into court to teach a jury that our position is more likely right than wrong?"
His final answer was "I've been doing this for a long time, and you really should see my website."
My final reply was "Have a nice day."

The moral of the story: Don't let your medical malpractice attorney hire a "medical consultant" who does not testify, just to confirm you have a case, and then have to hire a new medical expert during your case. Make sure you hire a board certified expert in the specialty you need to review and to testify."

How Does a New York Medical Malpractice Lawyer Prove Your Case?

A New York medical malpractice attorney must be able to prove three things: (1) Liability, (2) Causation and (3) Damages OK, but what does that really mean? (1) Liability means that we must be able to prove "with a reasonable degree of medical probability" that the doctor or hospital who treated you "departed from good and accepted medical care." "What does that mean?" It means that we must prove that we are more likely right than wrong that the doctors who cared for you did not treat you properly and in accordance with the standard of care that other physicians with the same specialty would use to treat your problem. In New York, we are required to have a medical expert confirm that the treatment was inappropriate and explain how and why. (2) Causation means that our medical expert must be able to say, again, that what he is saying is more likely right than wrong, and that the medical wrongdoing or carelessness was a cause of your injuries. "In human language please..." Our expert must be able to connect the dots to this puzzle. He must be able to show that the medical wrongdoing was a cause of your injury. If he is unable to show that the wrongdoing caused your injury, you will be unable to prove your case. "What if there are multiple causes of my injury? Does he have to show that the wrongdoing caused all of them in order for me to prove my case?" No. We are not required to show that the doctor's carelessness was THE cause of your injury, only that is was A cause of your injury. The distinction is very important. (3) Damages mean injuries. "Well, why didn't you say that to begin with?" In law, specific words have certain meanings. Our expert must prove not only that there was medical wrongdoing and that the wrongdoing caused injury, but we must also show that your injury is significant and/or permanent. We use your treating doctors to explain to a jury what injuries you suffered. If your treating doctors are unavailable, we use medical experts to describe to the jury the extent of your disability and permanent problems. CONCLUSION: Once we have proven these three requirements, we will be able to have a jury decide whether we have successfully proven our case, and if so, how much money to award to you as appropriate compensation.

2 Questions Every New York Medical Malpractice Lawyer Needs To Ask?

Many calls I receive are from potential clients who want to know if they have a valid medical malpractice case. These callers want to tell me their story, but sometimes the story rambles on and on. I can't follow the timeline, and I can't determine why this person is calling, and cannot tell what injury they're calling about. As politely as possible I tell them to stop and list to this two-part question:

"What do you think was done wrong that caused you permanent harm?"

That question usually stops most callers cold. They pause to think about the permanent injury they may have suffered.

Most callers have no problem explaining how they feel a doctor or hospital did something wrong. However, when asked to link the wrongdoing to the permanent injury, many callers simply get stumped, finally recognizing that they may not have a potential case here in the State of New York.

The two-part question listed above has, contained within it, three elements needed to prove a successful case. In every medical malpractice case in New York I must be able to prove that
1. There was wrongdoing,
2. The wrongdoing caused injury, and
3. The injury is significant and permanent.

Lots of callers can talk at length about elements number one and two, but when they think about the permanent injuries, many realize that they simply don't have any long-term permanent injury. It is also important for any lawyer to speak to, to inform you that in New York, all three of the elements needed to prove a malpractice case must be confirmed by a medical expert who has either treated you, or reviewed all of your medical records. If any one of those elements is missing, then there's no way to prove your case.

Developmental Delays-Why Is Your Child Developmentally Delayed?

You will likely learn about a developmental delay from your child's pediatrician. As your child grows they are expected to meet certain milestones; when a baby turns over, when a baby turns over, when they start to crawl, start to talk, start to walk, etc.

When your child is delayed in meeting their developmental milestones you start to question the pediatrician about why there's a delay. Often, your pediatrician will not be eager to point a finger at your obstetrician or any other doctor. So, how then do you get an honest answer about why your child is delayed?

You need to have your medical records evaluated by experts in the field of obstetrics, neonatology and pediatric neurology. Only then can we determine what the likely cause of your child's problems are from.

Keep in mind that there may be many different explanations for your child's delays:
It could be genetic, or hereditary.

It could be from a lack of oxygen during the course of your labor and delivery.

It could be from distress during labor that went unrecognized causing diminished blood flow and oxygen to the baby.

Regardless of the cause, it needs to be investigated to rule in, or rule out the possible causes. How do you do that? Simple.

You ned to contact an experienced attorney who handles medical malpractice cases on a daily basis. Only then can you answer the question, "Why is my child developmentally delayed?"

If you have legal questions about developmental delays in children I encourage you to pick up the phone and call me. I can answer your questions at 516-487-8207 or by email at lawmed10@yahoo.com. 

NEW YORK CAR ACCIDENTS-6 REASONS TO SUE THE DRIVER WHO HIT YOUR CAR

You were on your way to work that morning, and never saw him blow past the stop sign without ever slowing down. 1. You can’t believe he destroyed your car. 2. You can’t believe you had to be removed from your car with the “Jaws of Life” that the fire department uses to open crushed cars. After being taken out on a backboard and having your head, neck and body strapped to the board and placed onto a stretcher in the ambulance, you still can’t believe you had to go to the emergency room.