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TOP 5 Reasons NOT to Sue YOUR Doctor for Medical Malpractice Here in New York


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4/20/2017
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Here they are...

  1. Your doctor did NOTHING wrong.
  2. Whatever your doctor did, DIDN'T cause you injury.
  3. Your injury is not that BAD.
  4. You LOVE your doctor.
  5. You're not the TYPE to sue.

Let's start with the first reason NOT to sue your doctor.

YOUR DOCTOR DID NOTHING WRONG.

That's a perfect reason NOT to sue him.

You might perceive that he did something wrong.

Maybe he was disrespectful to you.

Maybe he didn't hold your hand.

Maybe he hurt your feelings.

Maybe he did something he said he wasn't going to do.

Unless he VIOLATED THE BASIC STANDARDS OF MEDICAL CARE, you're not going to sue him over your perception of what he did wrong.

Remember, the ONLY way you can bring a lawsuit against your doctor or hospital staff is if a medical expert confirms that your doctor was careless.

Without having a medical expert confirm there was wrongdoing, you're not even getting your foot into the court house door.

Let's talk about reason #2.

WHATEVER YOUR DOCTOR DID OR DIDN'T DO, DIDN'T CAUSE YOUR INJURY

That's an important point.

If your doctor was careless, that's just the first question to determine if you have a valid case.

We now must also determine if that wrongdoing was A CAUSE of your injury.

If it wasn't, then you don't want to sue your doctor.

Why not?

Because we can't show "CAUSATION."

We can't show there is a link between your doctors' carelessness and your injury.

In law, we call that concept 'proximate cause'.

We have to show that your doctors' carelessness was a cause of your injury.

It doesn't have to be THE cause.

Only A (singular) cause.

If your doctor was careless and that carelessness was a cause of your injury, then we have to evaluate the third reason why you SHOULDN'T sue your doctor.

Reason #3:

YOUR INJURIES ARE NOT THAT SIGNIFICANT

In other words, how bad are your injuries?

Are they permanent?

Are they disabling?

Do they prevent you from doing your daily activities?

If the answer is no to each of those questions, then in all likelihood you won't want to sue your doctor for malpractice.

Why not?

Because we have to show that you are more likely right than wrong that:

  1. Your doctor was careless.
  2. That his carelessness was a cause of your injury AND
  3. That your injury is significant and/or permanent.

If any one of those three things are missing, then, in all likelihood, you won't want to sue your doctor.

Besides, you likely won't find an experienced attorney willing to investigate and prosecute your case if you don't have all three of those things confirmed by a medical expert.

That brings me to reason #4.

YOU LOVE YOUR DOCTOR

Ahh...the LOVE thing.

You've been with your doctor a long time.

Ten years.

Maybe fifteen years.

Maybe twenty years.

You can't bear the thought that he screwed up and caused you harm.

Not intentional harm of course.

Carelessly.

Negligently.

Yet you're willing to forgive him.

You're willing to let it go.

You still want him to be your doctor for ever and ever.

That's how much you like him.

Nothing I say or any lawyer says will get you to change your mind.

Do you know what I say to that?

Ok.

That's your choice.

It's a choice you'll have to live with for the rest of your disabled life.

It's a choice you'll make willingly and knowingly.

It's a choice that will make sure your doctor never compensates you for your inability to work again.

It's a choice that will insure that you are never repaid for all your suffering.

It's a choice that will guarantee your kids won't have tuition to send them to good colleges because you can't afford to pay since you can't work.

That's Ok.

I'm not here to convince you.

You're here to learn.

About how these cases work in New York.

Today's article explains in detail the 5 reasons why you shouldn't sue your doctor.

This is only reason #4.

That brings me to reason #5.

YOU'RE NOT THE TYPE TO SUE

You're not, huh?

Ok.

Good luck to you.

Most people who suffer injury because of a careless doctor are also not the type to sue.

They've never sued anyone in their life.

But now they wonder.

They wonder what will happen to them if justice is not done.

They wonder what will happen five, ten, twenty years from now if they don't bring a lawsuit.

Who's going to put food on your table?

Not the doctor.

Who's going to pay you for your lost job opportunities?

Not the doctor.

Who's going to compensate you for all the suffering you've had to endure for years now and into the future?

Not your doctor.

That's Ok because you're not the TYPE to sue.

I understand.

You forgive him.

You're at peace with your decision.

Is your family?

Is your spouse?

Do your kids understand why daddy can't play with them outside on a nice summer day?

Do your kids understand why mommy can't help them with homework and go to afterschool activities because mommy is not physically able to?

Hey, I get it.

You're not the type to sue.

And that's understandable.

Only you can decide the reasons why you choose not to sue your doctor.

Today's article explored only five of them.

There are many more.

To learn 5 MORE reasons why you shouldn't sue your doctor, I invite you to watch the quick video below...



Category: Medical Malpractice

Gerry Oginski
NY Medical Malpractice & Personal Injury Trial Lawyer

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