Frequently Asked Questions
Do I have a case?
The legal elements of a case are: (1) negligence, and (2) proof that the negligence caused injury.
In a medical context, the issue of negligence is whether there was “medical malpractice.” A doctor is considered to have engaged in medical malpractice when they have failed to live up to standards of care considered “reasonable” in their field.
The first step we take to determine if there’s a case is to listen to you. Sometimes, the patient (or family) only has a general sense that “something wasn’t right.” But other times the patient has a very good idea what happened. So our first step is to listen to you carefully.
From there, if there is indication of malpractice, we will investigate further: typically gathering your medical records. We will review your records at our firm and consult with expert physicians. Through these investigations, we will assess if there truly was fault (i.e. negligence or malpractice) and look for hard evidence that serious injury was caused by that fault.
A case we will bring also means a sincere client. This means a client who does their best to be accurate as to what happened, and who does not exaggerate their injuries. In our experience, it is the combination of a “good case” and an honest client that is likely to succeed. And, on a personal and professional level, we want to spend our time and resources working with individuals and families who we would most want to help.
Who should I hire as my attorney?
If you have not already asked this question, you should.
Many attorneys advertise for “medical malpractice” cases but in reality devote only a small portion of their time to the area. We specialize in medical malpractice and have done so for decades, with a proven record of successful verdicts, settlements, and client reviews.
But in the final analysis, you should also feel comfortable with your attorney, and develop a relationship of trust. Your attorney should not only be your advocate, but also your counselor to help guide you in serious decisions about your case.
If you’ve done your research, you should feel confident that we can represent you with the highest level of experience and results. We hope that after you speak with us, you will feel comfortable that you will have a devoted advocate, and counselor, to partner with you in a critical phase of your life.
Do I have to pay for a consultation?
The answer is “no.”
Our cases are taken on a contingency basis. You do not have to pay a fee unless we obtain compensation for you. The fee is based upon a percentage of the amount recovered.
How long will my case take?
Most of our cases reach a successful result within approximately three years. This compares favorably to the New York State average of five years.
This may seem like a long time. And in many respects it is. However, much of this time is a function of Court scheduling. And, the Courts often have a “back log” of cases awaiting trial.
However, you should not be concerned that a case will overtake your daily activities for a lengthy period of time. Most of the need for client involvement occurs at limited periods during the case—such as during our initial investigations, and for your “deposition.”
During most of the life of a case, it should not be a day-to-day activity to you, and should not affect your work or personal life.
That said, we will stay in communication. We will provide regular status updates. And, we will answer your emails or calls at any point during the case.