You think you have a great case.
You think your doctor caused you significant harm.
You think every lawyer will want your case.
You think your case is worth millions.
You might be surprised to learn that the majority of lawyers who you contact are not willing to accept your case.
You might be frustrated to learn why.
You might be frustrated to learn how an attorney evaluates a possible case.
When you call an attorney to see if you have a valid medical malpractice case in New York, he will ask you a series of questions.
When you call my office, I need to know...
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When this happened,
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Where this happened,
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What injuries you have now and
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What you think was done wrong
An attorney must determine if there is liability. He must evaluate whether a doctor or hospital staff violated the basic standards of medical care.
All of these things MUST be confirmed by a medical expert who has reviewed all your medical records.
If the answer is no, then it doesn't matter what type of injury you have.
You would be challenged to find any attorney willing to take on a case without being able to show that a doctor or hospital who treated you violated the basic standards of medical care.
If you are able to show wrongdoing but cannot show that the wrongdoing caused injury, that would be another reason why an attorney would not be able to accept your case.
Let's assume for a moment that you are able to show that there was wrongdoing.
Let's also assume that you're able to show that the wrongdoing caused injury.
However, if the injuries you experience are not significant or permanent, most really good trial attorneys will decline to handle your case.
You will find that the best lawyers can only take a malpractice case that has all three elements listed above.
You might also go into an attorney's office believing that at your first initial meeting, your lawyer will be able to immediately tell you if you have a good case, a great case or an amazing case.
The reality is that the attorney won't even be able to tell you yet if you have a valid case.
A full and detailed investigation is required to get to that answer.
That means all your medical records must be obtained.
That means all of your records must be reviewed by your attorney.
That means all of your records must be reviewed by at least one board certified medical expert.
If the answer is yes, that only gets us into the court house door.
