Medical Malpractice FAQs
1. Do I have a medical malpractice case against my doctor or hospital?
Medical malpractice is a fancy name for all of the kinds of errors, negligence,
omissions, mistakes, and deviations from accepted practice that doctors and
hospitals make. More specific kinds of medical malpractice include
birth injuries
and wrongful death.
When you first call us, we want to hear your
story, and based on that we may ask you to come to our office so that we can
investigate your case. We will have your hospital records and doctor's records
reviewed by our own expert doctors, and we pay for that review. Unlike other
larger firms, we guarantee that Mr. Diefenbach , with his 20 years of experience
litigating medical cases, will personally discuss your
medical
malpractice case with you.
2. If I start a medical malpractice case, do I have to go to court and how
often?
Most cases against a doctor or hospital
settle, meaning that you do not have to go through a court trial with a jury.
Your lawyer and the insurance company lawyer agree on an amount of money and if
you accept it, then the case has just settled. The statistic nationally is that
about 90% of medical malpractice cases settle.
Most people make the mistake of assuming that they will be dragged into the
legal system and lose time away from work. There are about three times that a
client will need to miss work: 1) when the court orders physical examination by
a specialist in the area of the body that the patient is alleging has been
damaged by the medical malpractice, 2) at a deposition, and 3) if the case does
not settle (and most do), then at trial.
3. What paperwork regarding my malpractice case do I bring to your office?
None. First and most important is for you to come to our office and tell us what
happened before the "cut off time" because under the Law, if you miss this
deadline you will forever be barred from bringing your
medical
malpractice case. We will then obtain medical records and run the
facts by one of the over 80 doctors that we have available in different
specialties. After the doctor reviews your case, our lawyers will then advise
you whether in our opinion you have a high probability of success in that case.
4. I heard that you actually have to hire a doctor to testify at trial
against the
doctor we are suing?
Yes. In order to prove that your doctor made a medical mistake, our firm is
responsible for obtaining a doctor who will fight for you and testify for you.
The individual who becomes your "expert physician" is where many lawyers who
have little experience in medical malpractice possibly devalue your case. Our
firm has a list of over 80 medical doctors in various specialties that we have
accumulated throughout 20 years of law practice.
5. What are some examples of medical malpractice cases?
Some examples of lawsuits against doctors or hospitals are:
Failure to diagnose a disease or ailment, which causes you harm or
injury
Untimely diagnosis of cancer
Wrong diagnosis
Error in prescribing proper medication
Failure to be referred to a specialist
Surgery error
Laparoscopy
error
Unnecessary surgery
Adverse drug reaction
Wrongful
death
Birth
injury
Plastic surgery malpractice
Diefenbach Law Firm PLLC is a leading New York City plaintiff's medical malpractice and construction accident law firm which represents only victims of injuries, accidents, errors and negligence committed by doctors, hospitals, construction-site companies, buildings, etc. with over 50 years of combined trial experience. If you have been a victim of medical
malpractice, our experienced lawyers are able to fight for your rights to
monetary compensation. Contact us today at 917.734.7111.
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