(845) 802-0047If a medical malpractice case goes to trial, a claimant must typically provide proof of the individual elements of a case and contend with the often unpredictable nature of juries. Therefore, settling an Albany medical malpractice case before it goes to trial may offer individuals more control over their medical malpractice claim.
Contact a skilled injury lawyer who is familiar with negotiating settlements in Albany, they could assess your case and discuss potential legal options. Schedule an appointment to begin examining how a settlement could potentially help your case.
When to File a Claim
When settling an Albany medical malpractice case, a claimant should generally understand the underlying requirements for filing and successfully litigating a claim. Albany laws often define medical malpractice as the failure to use reasonable care under the circumstances and act in the way a reasonable and prudent doctor would under the circumstances.
To prove medical malpractice, a patient may need to demonstrate the following:
- That a doctor-patient relationship existed in which a person hired a doctor and the doctor agreed to provide medical services
- The doctor was negligent and breached a professional standard of care
- The negligence directly caused the patient’s injury
- The injury led to specific damages such as additional medical bills, disability, disfigurement, physical pain, or mental anguish
The process of proving the doctor breached the medical standard of care, Albany statutes typically require that a claimant and their attorney consult a medical expert who could analyze the doctor’s actions. They may also need to provide a certificate of merit, a legal document validating the basis of the claim.
What Are Some Common Malpractice Cases?
Medical malpractice errors may occur across the healthcare industry spectrum. Some of the most common situations may involve:
- Prescription errors
- Failure to diagnose or misdiagnosis
- Failure to monitor
- Surgical errors
- Failure to inform patients of the risks associated with a procedure or treatment
Options for Settling an Albany Case
The settlement process in an Albany medical malpractice case will depend on the facts and circumstances of the individual case, as well as the doctors, insurance companies, and individuals involved. Parties may choose to work with insurance companies in settlement negotiations, offers, or through arbitration. However, allowing a seasoned injury attorney to provide legal representation during potential interaction with an insurance company could positively influence the person’s experience.
What is Arbitration?
Arbitration typically is a means of settling a medical malpractice case outside of the traditional trial. According to NY CPLR § 7552, arbitration panels are generally to be composed of a chairperson who must be a lawyer and two other arbitrators that are selected from a pool of candidates.
Arbitration panels may be required to apply the appropriate standards of duty, care, and practice as others would in a comparable medical malpractice claim. Arbitration decisions are binding on all parties unless the decision is voided due to corruption, fraud, misconduct, partiality, abuse of power, or failure to follow proper procedures.
Ask an Albany Attorney About Settling a Medical Malpractice Case
Medical malpractice cases are some of the most complex cases heard in civil court. An experienced lawyer could assess an individual’s situation and potentially help determine if there is sufficient evidence to show medical malpractice occurred. They could also explain the procedural steps, benefits, and possible issues of settling an Albany medical malpractice case. Call today and arrange an appointment to discuss your case.