Individuals who see a doctor expect that doctor to provide for their medical needs and protect their health. Unfortunately, this is not always what happens. When someone is injured because of the negligence of their doctor, it is the victim’s right to seek help from a medical malpractice attorney in Queens County, NY. With this information, individuals will know what they can expect from the process.
Schedule a Consultation
To get started, the injured victim first needs to schedule a consultation with the medical malpractice attorney in Queens County, NY. At the consultation appointment, the injured victim will learn if their case meets the four elements of a viable medical malpractice claim. These four elements include the following:
• The defendant must have owed a duty of care to the injured victim. This is easily proven by the doctor-patient relationship.
• The defendant must have broken that duty of care by acting outside of the normal treatment protocol of other doctors in the same profession.
• The breach of the duty of care must have directly caused the victim’s injuries.
• The injured party must have suffered measurable damages.
Evidence is crucial when dealing with a medical malpractice claim. Without the right amount of evidence, a person will not be able to prove their claim in court and receive the fair outcome they deserve.
When the victim hires the attorney to help them, the attorney goes to work on investigating the claim to gather ample evidence. The attorney will then send the letter of demand to the insurance company or directly to the defendant.
Sending this letter will start the negotiation process. If the insurance company or the defendant refuses to pay, a lawsuit will be needed. While most medical malpractice lawsuits are settled outside of court, this is not always possible.
If you would like to learn more about hiring an attorney to help you, browse the website. Call The Law Offices of Joseph J. Perrini, III right away, and they will be happy to help you. Allow them to schedule a consultation appointment so you can get the answers you need right away.
