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Across the United States, just as personal injury numbers are on the rise, unfortunately so are medical malpractice claims – often putting patients in a number of unwanted positions and in very poor overall health and wellness. In fact, according to Mr. Joel Levine, the top personal injury lawyer Long Island has in practice, medical malpractice cases have become so common that one claim happens approximately every 43 minutes.Even crazier still, the latest research indicates that over $3 billion was paid out to victims of medical malpractice, and those figures will continually rise, year over year. These figures are quite alarming, and with states like New York showing constant rises in the number of medical malpractice claims, it is important to get the justice you deserve when it comes to issues surrounding your healthcare. While this can prove to be difficult as the number of reputable lawyers might be down, there still are individuals such as Levine & Wiss’s very own, Joel Levine, considered the top personal injury lawyer Long Island has to offer. He has been able to achieve astonishing payouts for his clients, in all manners of personal injury. Throughout his years as the top personal injury lawyer Long Island has in practice, he has gotten his clients millions of dollars in medical malpractice payouts. Before you try to file any medical malpractice claim however, the team at Levine &Wiss believe it is important to familiarize yourself with medical malpractice as well as the process. Here are a few key things to know before filing your first malpractice claim.
· What is Medical Malpractice?
A Medical Malpractice claim occurs when a health-care provider goes against the generally accepted standard of care, during their treatment of a patient, to the point of negligence. For any personal injury lawyer Long Island and the rest of Nassau County’s laws make it so they must prove that the “Standard of Care”, must be violated. The standard of care is defined as the procedure that a prudent medical provider would follow, if they were in a similar yet normal circumstance.
· How Do You Determine if Negligence Occurred?
This is probably the most important question that any personal injury attorney Nassau County or beyond must address – proving negligence. Generally, a malpractice claim exists if the medical providers negligence causes injury or any type of damage to the patient and their health. This must occur as a result of gross negligence on the part of the physician or as a result of them deviating from the standard methods of care that any reasonable doctor would follow to treat whatever your ailment might be. This is important, as nearly 80% of all medical malpractice claims end in 0 payout for the injured party. The most important job for any personal injury attorney Nassau County has in practice, is to ensure that any and all injuries are fully documented and reviewed by another physician with a good reputation and they are substantial enough for the damages sought. Once they are able to prove these items, the case has a lot more likelihood of going through.
· What is the First Step to Take if You Suspect You Are a Victim of Negligence? Statute of Limitations?
After any medical procedure in which you suspect negligence has occurred, it is important that the first thing you do is contact a qualified personal injury attorney, who has experience in dealing with medical malpractice claims in your specific area and jurisdiction. Again, Joel Levine is the top personal injury attorney Nassau County has in practice and his track record of amazing results speaks for itself. Any qualified attorney will review the case files, and details of all things that have occurred during the process and make a judgement on whether malpractice has actually occurred. In addition, it is important to account for any individuals who may be witnesses or understand the extent to which you have suffered as a result of this negligence. A strong attorney will guide you from there, in seeking medical help and getting an opinion from a trusted doctor. Generally, the statute of limitations varies from region to region, therefore it is important to file your claim as soon as possible – again, your attorney will assist you in this as well.
If you have suffered as a result of negligence on the part of your medical provider, be sure to contact the team at Levine & Wiss today.