According to the Institute of Medicine, roughly 100,000 people in this country die as a result of medical malpractice and improper care. That’s a rather startling figure. These preventable deaths cost the American economy in the neighborhood of 30 billion dollars a year. Most people don’t realize how often mistakes in the field of medicine occur. While doctors strive to provide the best care possible, they are still human, and not entirely infallible.
Medical malpractice encompasses any injury to a patient while under the care of a licensed, certified medical professional. Anything from a misdiagnoses of a potentially fatal condition, all the way up to the unnecessary amputation of a limb can be considered grounds for a medical malpractice lawsuit. In the event of an accident or negligence on the part of the doctor, the patient should be entitled to compensation through a medical malpractice lawsuit. In order to win a medical malpractice lawsuit, there are a number of things which must be proven.
A legal team must show, first of all, that clear cut, unambiguous negligence on the part of the doctor or hospital involved is the primary reason for the injury or disability incurred. This can be especially difficult to prove beyond a shadow of a doubt. The vast majority of malpractice lawsuits are settled out of court before even going to trial. Jury trials can be notoriously hard to win in the event of malpractice, due to the complex nature of medical cases, and the research and work involved in proving malfeasance.
New York state law stipulates that a medical malpractice lawsuit can be filed up to two and a half years after the initial damages are incurred. If you feel you have a strong case and a reasonable expectation of receiving compensation, you have no reason not to pursue a lawsuit, as the statute of limitations extends a full thirty months after the incident in question.
Smiley & Smiley LLP handles medical malpractice lawsuits on a contingency basis, using the sliding scale retainer fee. We keep 30% of the first $250k in damages awarded, in addition to 25% of next $250k, followed by 20% of the next $500k, as well as 15% of the next $250k after that, and finally 10% of all monies awarded in excess of $1.25 million. In any event, the ability to pay upfront for representation is not an issue.
Our exemplary attorneys have a successful track record of pursuing and winning medical malpractice lawsuits. They are committed to obtaining full restitution in the case of malpractice damages and wrongful deaths due to substandard medical treatment. Successful litigations include a 1.56 million dollar settlement for a Nassau County man who died from a misdiagnosed blood clot, as well as a 2.25 million dollar claim to the family of an infant who was rendered blind after being given too much oxygen. The distinguished attorneys at Smiley & Smiley LLP have a sterling track record of defending the rights of their clients and getting them a fair and equitable settlement.
Call 212-986-2022 or contact us online for an evaluation of your case.