When Do You Need A Medical Malpractice Attorney?
A bad or less than ideal outcome after a medical procedure is not always a reason to file a medical malpractice suit. In other instances filing a suit can work to protect you, your family and other potential victims.
At Hutt Law, P.C., we can advise you of your rights and whether or not you have a case worth pursuing. With over 20 years of New York personal injury experience, Didi Hutt and the team offer compassionate and experienced insights, support, guidance and representation.
What Exactly Is Medical Malpractice?
Whenever a medical or dental professional interacts with a patient they have a standard of care that they are required to meet. The standard of care is determined by looking at the actions of the health care provider and asking whether the level of care was similar to what any other similarly skilled provider would have done given the same circumstances. Errors in diagnosis are the most common reasons for a malpractice suit.
How Is Malpractice Determined?
Legally, to determine whether there was medical malpractice the following criteria must be met:
- Duty: Show that the other party had a duty to behave safely
- Breach of Duty: Show that the other party did not act safely
- Causation: Show that because the other party did not act safely you were harmed
- Damages: Show the harm you suffered
If the answer to all of these questions is yes, it is likely that you have a medical malpractice suit worth pursuing. Didi Hutt has extensive experience in insurance defense. She understands the tactics insurance companies use to deny or fight claims. Today she calls upon this experience to create a strategic and effective case on your behalf. As an attorney whose legal focus is personal injury cases Didi Hutt can advise you on your next steps. She can also advise you on your rights to compensation if you lost a family member or loved one because of medical malpractice, an accident or any other form of negligence.
Do All Medical Malpractice Cases Go To Court?
Many people fear having to go to court, testify before a judge or jury and wait out a long and tedious court process. While some cases do end up in court the majority, about 95% of cases, settle outside of the courtroom. Many cases settle right before they go to court. This is because trials are expensive. Insurers know this and want to delay paying out as long as possible.
It is important that your attorney is always preparing for trial even when it appears that a settlement is in the works. There is a statute of limitations that must be met when pursuing a suit. In New York you must file within two years and six months (30 months) of the malpractice or the date that you discovered the malpractice. Get answers to other personal injury questions on our FAQ page.
Do You Have A Medical Malpractice Case?
It can be difficult to determine whether your situation is one of medical malpractice. At Hutt Law, P.C., we can help. We offer a free consultation so that we can meet and discuss what happened. We will let you know if you have a case and how we can help. You pay nothing unless we take your case and win a settlement or verdict on your behalf. You can set up a meeting by calling the office at 212-323-7443 or by sending an inquiry email to us. We serve clients throughout New York City.