Medical Malpractice

Medical malpractice needlessly kills, maims and injures many thousands of people each year. At Michaels & Smolak experienced medical malpractice attorneys have recovered millions of dollars for their clients to compensate victims of malpractice for their financial losses, pain and suffering, and more.

The Syracuse medical malpractice lawyers of Michaels & Smolak are experts in evaluating malpractice claims. Please contact us for a free consultation with an experienced medical malpractice lawyer who can inform you of your legal rights and maximize your compensation. If you want to know more about medical malpractice cases, read below.

Medical MalpracticeWhat is Medical Malpractice?

When your doctor or other healthcare provider fails to provide to you the proper, acceptable standard of care or treatment, he or she has committed medical malpractice. The treatment can fall below the acceptable standard of care because of their mistakes, ignorance, negligence, lack of skill, misdiagnosis or other errors. The law holds doctors, nurses, and other medical professionals responsible for providing care at acceptable standards. When they deviate from those standards, they may be held accountable for medical malpractice. These claims are often quite complex, and the services of a hired medical professional are necessary in order to prevail. Michaels & Smolak uses the most qualified medical professionals, including medical doctors, to support their clients’ medical malpractice claims. If you want to find out more, contact us for a free consultation.

What Are the Most Common Types of Malpractice?

Common medical errors include: misdiagnosis, pharmaceutical (medication, prescription) errors, surgical mistakes, anesthesia errors, emergency room errors, radiology errors (failure to read or properly interpret X-rays, MRIs, cat scans, etc.) and failure to properly diagnose or treat cancer.

What is the Statute of Limitations for Medical Malpractice Cases?

In New York, medical malpractice lawsuits must be brought within two and a half years from the time of the malpractice, or within two and a half years from the date of the last continuous treatment for the condition that gave rise to the injury. However, there are exceptions. The Statute might be shorter if the hospital is owned and run by a municipality or the State. The Statute may be longer where a foreign object was left inside of you. It is longer when the plaintiff is a child. Calculating a medical malpractice statute of limitations requires a complete knowledge of the facts and lawyerly skill. Contact us to discuss your statute of limitations.

Why do I Need a Lawyer with Experience in Medical Malpractice?

Medical malpractice claims don’t settle easily out of court. Doctors are usually outraged at being sued. Some believe they can do no wrong. In any event, they don’t want to admit any wrongdoing, and to them, settling is just that, an admission that they did wrong. Therefore, more than with any other type of case, your lawyer must be prepared to try your case. Yet statistically, medical malpractice claims are among the most difficult claims to win at trial. Most of them are lost. Your best chance at settling, or if you can’t settle, winning at trial, is with an experienced medical malpractice trial attorney whose reputation might induce a favorable settlement or, that failing, whose trial skills and medical knowledge will tip the scales in your favor at trial. The medical malpractice team at Michaels & Smolak is skilled and experienced in such claims, so contact us for a free consultation now.

What do I Have to Prove to Beat my Doctor at Trial?

In order to succeed with a medical malpractice claim you must prove that your doctor or other health care provider’s treatment of you was “negligent”, which in medical malpractice cases is defined as treatment that falls below the “standard of care” of practice for a reasonable practitioner in a particular area of medicine. Just proving you had a bad result from a medical treatment or procedure is not sufficient; some bad results can occur even when your doctor was not negligent. Sometimes there are “known risks” that are unavoidable with certain surgeries, treatments or medication. Further, even proving a departure from the standard of care is not enough! You must then prove that the mistake or error “proximately caused” the injury or damage to you. For example, your doctor may have departed from a reasonable standard of care in not diagnosing properly your fractured wrist. Maybe he completely overlooked the fracture. But what if he had properly diagnosed it? Would your wrist be any better now? If a proper diagnosis would not have lead to a better result, then there is no “causation” between your doctor’s negligence and your injury. In other words, “no harm, no foul”. A good medical malpractice lawyer knows how to analyze carefully the “elements” (what you have to prove) of a medical malpractice case. He or she also knows how to present these elements to a jury. The Syracuse medical malpractice lawyers of Michaels & Smolak has the skill, experience and expertise to maximize your chances of prevailing. So contact us for a free consultation.

What if I can’t afford an attorney?

That’s impossible. A reputable personal injury attorney will not charge you for an initial consultation. Michaels & Smolak will give you a free consultation. If we decide to represent you, we will charge you on a contingency fee basis, which is usually 1/3 of the net recovery we obtain for you, whether from a settlement or from a jury. Since the initial consultation is free, why wait? Contact us today for a free consultation.

The Syracuse medical malpractice lawyers of Michaels & Smolak have recovered millions of dollars for clients injured by medical malpractice and for other injuries to cover their medical bills, lost earnings, pain and suffering, and more. If you or a loved one has been a victim of medical malpractice, contact us for a free consultation with an experienced lawyer who can inform you of your legal rights and maximize your compensation.