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When it comes to the world of personal injury law, medical malpractice has recently become one of the most common types of negligence claims throughout the US – according to recent statistics and the top personal injury lawyer Long Island has in practice now, Mr. Joel Levine, there is technically one new personal injury claim filed every 43 minutes in the United States alone! In the year 2013, research indicates that over $3 billion was paid out to victims of medical malpractice, and those figures have only increased year over year. These figures are quite alarming, and with states like New York, and neighbors like New Jersey and Connecticut, also 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. However, it can be difficult to find a qualified personal injury attorney Long Island medical malpractice attorney are relatively inexperienced and rarely do they have the track record of someone like Mr. Joel Levine, Esq. of Levine & Wiss, PLLC. He is by far the most experienced personal injury attorney Long Island has ever seen. He has been able to achieve astonishing payouts for his clients, in all manners of personal injury. And even when it comes to medical malpractice claims, Mr. Levine has been able to help clients receive millions of dollars in medical malpractice payouts. And with impeccable litigation skills, he has been able to argue some of the most difficult compensatory damaged, from things like pain and suffering from having property taken away from you, to the lost value of a collector vehicle as it now would show that there was an accident on the title. In such a case, this individual had a value of $350k+ and due to the damages after having a health issue, whilst driving the vehicle at the time. It, it was only able to sell for $125K+ however, luckily the lawsuit was able to cover the difference. Before you try to file any medical malpractice claim however, the staff 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 a Medical Malpractice Claim?
Similar to other aspects of personal injury law, a Medical Malpractice claim occurs when a health-care provider or practitioner, goes against the generally accepted standard of care, during their treatment of a patient, to the point of negligence. For any personal injury attorney Long Island statutes argue that you must prove that the “Standard of Care”, was in fact violated and negligence occurred. According to any qualified personal injury lawyer Long Island healthcare experts would define standard of care as the procedure that a prudent, experienced, and effective medical provider would follow, if they were in a similar yet normal circumstance – without any issues or adverse circumstances.
· How Do You Determine if Negligence Occurred?
This is probably the most important question that any personal injury lawyer Long Island or beyond must address – proving negligence, and thus proving that that negligent act was actually what let to your injuries or the injuries of your sister. 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 medical malpractice attorney 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, Mr. Joel Levine, is the top medical malpractice attorney 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.
For more information on the idea of negligence, feel free to contact me or for a consultation be sure to contact Mr. Joel Levine today.