Medical Malpractice Expert

1. Nothing was done wrong to you.

It goes without saying that if the doctor or hospital did nothing wrong, then you absolutely have no business bringing a lawsuit against them.

2. You did not get hurt.

Likewise, if a doctor did not treat you properly, but you did not suffer any injury as a result of that wrongdoing, then you have no business bringing a lawsuit seeking compensation. Remember, in any medical malpractice lawsuit in New York, your attorney must prove (1) wrongdoing, (2) that the wrongdoing caused harm, and (3) that the harm is significant and permanent. All three of those elements must be confirmed by a doctor who has either treated you, or evaluated your medical records. If any one of those elements is missing, then it will be difficult, if not impossible to bring a successful case on your behalf.

3. You do not have a long-term permanent injury or permanent disability.

This relates to element #3 discussed in the paragraph above. You might have suffered a minor injury from a doctor’s or hospital’s wrongdoing, but if the injury is not significant or disabling, most experienced NY medical malpractice lawyers will likely decline to handle your matter.

4. You think that if you sue your local hospital, you will not be allowed to return there for any additional treatment you may need.

In all likelihood, this is not true. A hospital cannot discriminate against you, even though you have sued the hospital for medical malpractice. They are obligated to treat every patient who walks into the emergency room. An issue might arise if you are going for elective treatment or surgery and the hospital is a private hospital that you have sued. In all probability, you will be able to continue receiving treatment at that hospital.

In fact, defense attorneys like to make the argument “Can you believe this? Mr. Jones has sued our hospital, telling the world that our hospital did wrong by him. Yet he still returns to our terrible hospital for ongoing treatment of his current medical condition. What does that tell you about his trust in our cherished medical facility? He has no trust in our doctors and nurses, yet he continues to rely on them for his care and treatment.”

5. You like your doctor.

Sure, who doesn’t? Yet on a particular day, at a particular time, your physician may have departed from good and accepted medical care causing you permanent harm. Should your feelings toward the doctor affect your ability to decide whether you are legally entitled to be compensated for your permanent injuries? You must decide whether you are able to do this.

6. You are not interested in money.

Virtually every single person who comes into my office tells me this. Most come in because they want the doctor’s license revoked, or they want to make sure this problem never arises again. It is only when the victim realizes the true extent of the injury do they realize that their suffering is worthy of compensation.

7. You think a lawsuit will make you rich.

Nobody ever got rich bringing a medical malpractice lawsuit seeking compensation. Newspapers love to publicize large verdicts because it generates polarizing feelings which in turn sell newspapers. What many papers do not often publicize is that most large verdicts are reduced on appeal. “Tort reformers” use those headlines of large verdicts to support their arguments that juries award “runaway verdicts” and the medical malpractice laws need to be changed.

I will tell you that every single person who comes into my office has clearly said that they would rather have their health than any amount of compensation from a medical malpractice, wrongful death or accident lawsuit.

8. You think your lawyer will be able to settle your case quickly by pressuring the insurance company with their skills.

If a lawyer tells you they can get you a quick settlement in your medical malpractice case, I suggest you walk- no, run, in the other direction. Ask that lawyer how long they have been representing injured victims in medical malpractice cases in the State of New York. Ask that same lawyer how many insurance companies there are in NY that represent doctors and hospitals. Then ask how many years it takes to bring a medical malpractice lawsuit to a conclusion.

I will tell you that I have been in practice almost 20 years in New York, handling accident and medical malpractice cases. Malpractice cases are NEVER resolved quickly. They are the most hard-fought cases. The defense lawyers are among the best in the business. The only time a malpractice case gets settled quickly is if there is no dispute about who caused the harm, and no dispute about the extent of the injuries and damages. I will also tell you that damages (the amount of money you might receive as compensation) are always hotly contested.

Your lawyer’s skills might be impressive. However, don’t be too impressed by any promises to settle your medical malpractice case quickly. It simply will not happen.

9. You think your case is unique and the doctor’s insurance company has never seen such injuries as yours.

This is wishful thinking. The insurance company has databases of every case that has ever been brought against the doctors and hospitals they represent. They know who the lawyers are. They know what similar cases have settled for. They know what juries award for similar injuries. An insurance company never has any incentive to settle a case unless the prospect of going to trial is much riskier than trying to settle prior to, or during trial.

10. Your friends will think you are a moral sinkhole for suing your doctor or hospital.

Are you really that worried about what your friends think? Do they sit home every day wondering when they’ll be able to return to work and support their family? Do they have to have three corrective surgeries to get them up and walking again? Have they been to the rehabilitation facility like you have. Do they have to do all those painful exercises that teach you how to walk again?

Will you be able to play sports again? I ask you again, are you really worried about what your friends think of you? Do they see what you have to endure every day and night? You decide.

11. You have enough money to make up for your lost wages while you were out of work recuperating.

Why should you have to use up your savings to pay your living expenses, when you believe the doctor or hospital caused your injuries? The wrongdoer is supposed to be held accountable for their actions. If they did the wrong thing, and now you are suffering for it, they are supposed to pay to compensate you. You should not be using your money

12. You have enough money saved up to pay for all of your medical and hospital bills for the rest of your life.

Your medical bills may be very significant. What if your health insurance company will not pay for some or most of your bills? Do you think it is fair that you, the injured victim should have to pay these bills out of your own pocket? The person or hospital should pay for these expenses.

13. You know that you will always have a job, and therefore always have health insurance to help pay for your ongoing medical needs for the rest of your life.

If you believe this, then I have a bridge to sell to you.

14. You do not want your neighbors accusing you of bringing a “frivolous lawsuit.”

This brings me back to what I said earlier- Do you really care what your neighbors think?

15. You know the doctor did something wrong, but you’re just not the kind of person to sue, even though you are now blind because of the wrongdoing.

Many immigrants feel this way. They come to this Country with thanks and much gratitude for the opportunity to make a better life here in the United States, and especially here in New York. Despite these feelings, every person in the State of New York, regardless of whether you are an immigrant or a lifelong resident of this great state has legal rights. An injured victim’s right to sue and seek monetary compensation is the fundamental backbone of our civil justice system.

16. The money you might receive will never make you “whole” again.

In our civil justice system in NY, money is the only way that we as a society can compensate an injured victim. We cannot put you back together again as if your injury never happened. It may not be a perfect system, but it is the best system we have,

17. A lawsuit will not bring back your wife.

That is true. However, it will compensate you and your family for her suffering and the pain she endured while alive. It will compensate you and your family for the financial loss that your family suffered after your wife died. It will compensate your family for the loss of a wife, mother and friend. Can you ever put a price on the value of a mother?

18. “What good will the money do for me?”

See paragraph 17 above.

19. “In my family, we don’t do such things.”

See paragraph 15 above.

20. “I don’t want this to happen to anyone else, but I’d feel bad suing my doctor.”

Compensation is designed to have a two-fold effect:
(1) Compensate you for your actual damages and
(2) Compel the doctor to change his or her ways.

If your sole goal is to make sure that the doctor or hospital does not commit the same errors that caused you harm, then a lawsuit might not be the way for you to go. Rather, you might want to file a complaint with the department of health and have them investigate to determine if there was wrongdoing.

Thank you for taking the time to become informed.