(845) 802-0047As a victim of medical malpractice, it may be intimidating to come to court and see you and your lawyer up against a team of another defense lawyers. Sometimes there may be 6 or more defense lawyers against your single lawyer. This may be scary and discourage you from continuing to fight.
But this is why you shouldn’t back down.
There are some simple reasons why there are so many defense lawyers in New York medical malpractice lawsuits. The TWO main reasons include the following:
- There are Many Providers Treating You! When you go for treatment at a hospital emergency department, you will be cared for by a nurse and emergency room doctor. Tests may be run with pathology which includes a technician and doctor. Or there may be imaging tests with a radiologist and technician. Specialized doctors may be called in, such as an orthopedist for broken bones or cardiologists for heart issues. A surgical team may also be necessary, which would include an anesthesiologist and CNRA team, as well as a surgeon, surgical assistant, and surgical team. At the time a medical malpractice case is initiated, it may not be clear who actually caused your injury. Because the window to commence a medical malpractice case is so small (2 1/2 years from the date of medical malpractice), it is necessary to file a claim against all possible parties because you may not be able to do so later.
- Vicarious Liability or Respondeat Superior – These are doctrines where the acts of one person or entity are imputed against another person or entity. This is commonly against the employer for the acts of the employee. When a doctor causes you an injury, the hospital or practice group may be liable. But at the time of the lawsuit, it may not be clear who is liable because it depends if the doctor was an attending (employed by the hospital) or had privileges (allowed to work in the hospital but employed by a practice group). Thus, you may need to commence an action against three entities just to learn whether one or two apply.
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com. You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.