How to Become a Medical Malpractice Lawyer in New York

There's an old joke that asks "How do you get to Cargenie Hall?" The answer is "Practice."
The same can be said for becoming a medical malpractice lawyer in New York.

My first boss, a well-known trial attorney in New York, told me one day after an exhausting and productive day, that trial lawyers are not born great trial lawyers. Rather, they must practice their trade day in and day out. Only through experience and practice can one become a truly good lawyer.

Becoming a lawyer

In order to become a lawyer in New York, you must attend four years of college. You then must take the LSAT (law school admission test) and apply for admission to law school. Law school is usually a three year program, and once you finish school- you must take the New York State Bar Exam. This is a two day exam that tests your knowledge of general and specific areas of law. Once you pass the bar exam, you must pass an interview with the character and fitness committee in the County in which you live. Once you have passed the interview you will be permitted to practice law in the State of New York.

Gaining experience

Most attorneys will go to work for a law firm to gain experience, and after a few years, move to a different firm. Some will open their own law firms, and some will remain where they started. One of the best ways to gain experience in medical malpractice law in New York is to work in a defense litigation firm that handles medical malpractice defense. There you will learn to handle the file, deal with paperwork, attend court conferences, deal with clients, take depositions, and if you're lucky, assist senior attorneys with trials. In years past, the younger associates at such defense firms could easily count on starting their own trials within one to two years of passing the bar. However, with malpractice cases being so complex, and physicians and insurance companies being weary of the young novice attorney representing such significant matters, it's unlikely that you will be handling your own trial until you are either a partner, or have many years of experience under your belt- even if you are the smartest attorney to come out of your class.

Medical malpractice law

Medical malpractice law is a sub-specialty of tort law- also known as personal injury law. The only way to become good at it is to gain experience by practice and guidance with a senior trial lawyer who handles these cases on a day to day basis. Not only do you need to learn the law specific to medical malpractice issues, but you also have to become somewhat of an expert on the medicine involved in the case.

Learning the medicine occurs by reading medical literature, medical textbooks, speaking with physicians, consulting with your medical experts, and treating doctors. Learning how to apply that knowledge to your case is what takes time and experience. Learning how to cross-examine a doctor at a deposition or question him skillfully at trial is what separates the good attorney from the excellent attorney.

Contrary to what we see on television, the key to being a good trial attorney who handles medical malpractice cases is preparation. Preparation of the medicine, preparation of your records, exhibits, your clients, and your experts; in a word: Preparation. You must know your case better than your own client does. You must educate the Court about your case, the law involved specifically in your case, and must convey your knowledge to the jury in a way that makes your case more believable than your adversary's case.

My own experience

In my daily practice, I truly enjoy handling medical malpractice cases. I enjoy speaking with potential clients who call to see whether they have valid cases that warrant investigating and prosecuting. The hardest part of my job is telling a potential client that I cannot accept their case. When that happens the natural question is "Why can't you take my case?" The answer to that question can be simple or complex depending on the type of case they're calling about.

Being able to help victims of medical malpractice is always rewarding, as many of these victims cannot help themselves and need legal help with rebuilding their lives, their finances and their frail bodies.

For those who call for tort reform, keep in mind that there are many instances of valid malpractice cases here in New York that so few contrarians even wish to discuss. Rather, they want to focus on a few bad apples who bring cases that are questionable. Instead of focusing on a few bad apples, keep your mind focused on what can be done to prevent malpractice from happening, and once it does happen, how to properly and fully compensate the injured victim.

Medical Malpractice - 7 Reasons Why Your Case Isn't Good Enough For A NY Malpractice Lawyer

1. Your injuries are not significant.

In a medical malpractice case in New York the injuries need to be significant for an experienced lawyer to take on your case. The reason is that these cases are very expensive and time consuming. A lawyer generally puts in the same time and effort on a small case as he will on a large case. That is why most NY attorneys will usually take only significant cases.

2. You exaggerate and lie.

If you exaggerate on any aspect of your case, your lawyer may question your credibility. Your believability is the key to your case. If a jury finds that you have exaggerated your injuries or the facts, there's a very good chance they will turn you out of court without any compensation. If you lie, either to your lawyer, or to a jury at trial, your credibility is gone. Your lie, regardless of whether it is a 'little white lie' or a really big fib will likely destroy your entire case. If a jury sees that you have lied, you could possibly subject yourself to perjury charges and lose your case.

3. It's a judgment call by the attorney.

The attorney may be on the fence about your case. The expert may find there is liability that caused harm. However, there may be something else in your set of facts that cause concern for your lawyer. Your lawyer will make the ultimate decision whether to take on your case. Some lawyers make a gut-instinct call to either accept or reject a case after your initial meeting. If your case is rejected, your lawyer will give you your options and advise you to seek another legal opinion immediately in order to protect your legal rights.

4. You are demanding.

Have you ever walked into a store or a restaurant and heard a customer demand food, utensils, a service in a loud and obnoxious voice? Sure you have. We all have. How about the demanding customer who treats the store clerk or waitress like they are hired help with their sole purpose in life is to serve this one customer? How do you think the store clerk or waitress feels when a demanding customer comes in? Of course the 'customer is always right', but how much abuse can a person take before saying something?

There are potential clients like this too. When they come into a lawyer's office, do you think they get better service or worse service by being so demanding? "I want you working on my case exclusively...I only want you call me at the office, not home...Do not send me any emails...I want to make them pay...I will never settle this case..."

5. You insist you have a case and refuse to listen to the lawyer.

You go to a lawyer for legal advice. If you don't listen to the lawyer's advice, why go to a lawyer in the first place?

6. You think you know more about lawsuits and trials than your New York Medical Malpractice Trial lawyer.

Unless you've gone to law school and have practiced law for more than 20 years handling medical malpractice and personal injury law in New York, how could you possibly know more about these types of cases than the experienced lawyer you are consulting with?

7. You are a repeat litigator with multiple small lawsuits.

There are some people who make a hobby out of bringing lawsuits. They feel aggrieved about every little thing that is done wrong to them. They take every advantage to use the legal system to their benefit. While there's nothing inherently wrong with that, when your lawyer learns that you have sued ten people in the last five years for matters ranging from lost clothing at the cleaners, to a restaurant who refused to seat you on time, to your car mechanic who overcharged you $200 for a repair, your medical malpractice lawyer may sense trouble in the future from your legal history.

Conclusion:

Hopefully this will give you some insight into what an experienced New York medical malpractice & accident attorney looks for when you walk into his office.

How Much Money Is Your Malpractice Case Worth?

Every injured victim that walks into a lawyers office wants to know how much their case is worth. Some don't really care about the money; some want revenge. Some want the doctor's license revoked; some want the hospital punished. Then again, some want total and full compensation.

"YOUR CASE IS WORTH $2 MILLION DOLLARS," says Jim Bob, Lawyer extraordinaire. "Oh no, your case is worth more than that," says lawyer Dewey Cheatem. "Just sign right here with me and I promise you I'll get you millions!" screeched the TV advertising lawyer.

Whatever the motivation, a civil lawsuit for medical malpractice and personal injury seeks money for the injured victim. But how are you to know how much your injury is worth?

The answer is not so easy to answer, and here's why...

If you listen to each of those attorneys above, they all promise you something that they can't do. How do I know? Just ask each of them to put that guarantee IN WRITING. They'll never do it. That I guarantee!

In every State, and in every County there are multiple factors that go into the mix to determine what your case is worth. It is important to remember that no two cases or injuries are the same. Having said that, I'm going to explain the basics:

1. Economic loss: This one is easy. How much money did you lose because you were injured? Were you out of work for days, weeks or months? Did your employer pay your salary during that time? If not, you can calculate the amount of money you would have been paid had you not been injured.

What if you have a permanent disability that prevents you from working in the future? Well, now things get a little more complicated. Your lawyer will need to hire an economist to predict what your earnings would have been for years into the future. He will also have to predict what perqs and benefits you'd have received if you worked to retirement age.

This gives us hard numbers that we can use to show the extent of your permanent injury.

But what if you didn't lose time or money from work? What if you were a housewife (or househusband), or unemployed at the time of the injury? Does that mean that you're not entitled to collect any economic loss? Yes. But all is not lost. There is still pain and suffering, and possible claims for loss of services that I'll explain in a moment.

2. Pain & Suffering: How do we know that your fractured hip in Brooklyn, New York is worth the same as in Cincinnati, Ohio? Your lawyer is usually able to do research which will tell him (or her) what similar cases have settled for or resulted in jury verdicts and appeals.

Here are important points to know which will help you answer the original question, 'how much is your case worth?':

1. What is your race or nationality?

2. What town do you live in?

3. What is the race or nationality of the people you have sued?

4. What County have you brought your lawsuit in?

5. How old are you?

6. What is your life expectancy (based upon statistical tables)?

7. How long were you in the hospital?

8. Over what period of time have you received medical care for your injuries?

9. What problems do you still have from your malpractice?

10. How are you disabled or limited from doing those daily activities that you used to be able to do?

11. Do you have kids?

In the case of an 80 year old woman who fractures her leg, her case has less value than say, a 35 year old executive who lost 1 month from work, was in the hospital for 3 weeks and now limps from the injury.

Take a look at a recent settlement in New York City...

It involved a young man who had both legs amputated when the Staten Island Ferry crashed because of negligence of the crew. The City of New York decided that this injury was worth almost $9 Million dollars. This was one of the largest settlements ever for an injured victim in New York. Why is his injury worth more than a family who lost their father when doctors misdiagnosed his lung cancer?

The answers can be confusing. The answer can also depend on which lawyer you hire and how experienced he (or she) is in negotiating and trying cases.

So beware the lawyer who tells you what your case is worth as soon as you walk in the door. A thorough investigation of your case, your injuries, your disabilities and limitations all go into the mix to determining what your case is worth. Even then, there's no guarantee you can get that magical number. But try you must. Remember, keep an open mind and ask your lawyer lots of questions.

Quick Tips On How To Find a NY Medical Malpractice Lawyer

How do you find a medical malpractice lawyer in New York?

That's almost like asking the rhetorical question, "How do you get to Carnegie Hall?" The answer of course is "practice."

When looking for a medical malpractice lawyer in the State of New York, here are your varied options:

1. Look in the yellow pages

2. Get a name from a billboard

3. Call your local bar association (not the place where people drink, rather the place where lawyers belong, and usually have a lawyer referral service)

4. Get a name from a friend

5. Get a name from someone who was satisfied with their malpractice lawyer

6. Do an online search

"Which is the best way to find a lawyer?" The answer is 'all of them'.

Here's what I mean. Each method above has it's risks and benefits. The key is trying to find an attorney who is experienced in handling a case like yours, and one that you feel comfortable with.

Dilemmas using each of the methods above include,

(1) Trying to distinguish one lawyer from another in the yellow pages.

They all pretty much say the same thing. So how do you know which full-page ad lawyer is right for you? It's really difficult- even for an experienced lawyer to tell the firms apart.

(2) The same problem arises from a billboard.

Sure the billboard may capture your attention, but does a photo of a crashed car and an injured victim tell you what type of lawyer or law firm you're dealing with?

(3) When you go to a lawyer referral service at a bar association, are you getting the next name on a list that the organization has?

This is almost the same as closing your eyes and pointing your finger blindly in the yellow pages? You don't really know if there are any qualifications needed for the lawyer to be listed on their referral list, other than to pay the yearly dues to the bar association. Maybe they handle malpractice cases. So how do you know if this is the right lawyer for you? You need to ask lots of questions about the lawyer's experience and what type of law firm they have.

(4) Getting a referral from a friend is a great way to find a lawyer.

But what if you don't have any friends who know a good lawyer to handle your particular type of case? On to the next method...

(5) Getting the name of a lawyer from someone who was happy with their malpractice lawyer is also an excellent way to find a good lawyer.

But again, what if you don't know anyone personally? Then go on to the next method...

(6) Do an online search.

Your best bet is to focus on the search words for your neighborhood. For example, let's say you live in Brooklyn, and are looking for a medical malpractice lawyer to help you investigate if you have a valid case. You could enter the following words in Google search, "medical malpractice lawyer in Brooklyn." The results will give you a lot of useful information, and then you can start looking at each web site to see if that lawyer is right for you.

When looking online, keep in mind the difference between websites that come up on the first page, known as "organic search results" as opposed to the paid advertisements that appear at the very top of the page, and those in the right hand column of the search results page. The difference between the paid ads and the organic results, is that the paid ads literally pay to appear on that page when a particular search is done. The natural search result is Google telling you that these websites are important and relevant to your search results. Does that mean that a lawyer that pays to advertise on that page isn't the right one for you? Not at all. Just keep in mind the distinction when doing your search. Ask why that law firm isn't in the organic search, and why are they only on the paid advertising section.

Also, I've found it extremely helpful when a lawyer has a video on their site explaining how they can help you, rather than explaining how great the lawyer is. I know when I look for information online, I don't want to hear how wonderful someone is. I am searching online because I have a problem, and I am looking for a solution to my problem.

A Medical Malpractice Victim's Guide to Compensation in New York - Part 2

A verdict allows a victim to 'enter judgment' against the doctor or hospital for the amount that has been awarded. In addition to the award, interest will be added to the award for past pain and suffering from the time of the malpractice until the date of the verdict.

Once a judgment is entered, the attorney can make every effort to collect against the doctor, hospital or its' insurance company.

Elements of compensation:

1. Pain & suffering

2. Economic loss

(a) Medical & hospital bills

(b) Lost wages

(c) Lost future income

(d) Lost benefits

(e) Lost future benefits

(f) Future medical expenses, including doctors, hospitals, surgery, rehabilitation, medical insurance premiums, nursing, medications & medical equipment.

Pain & Suffering

A settlement for pain and suffering is based on what other similar cases have settled for. Many times your lawyer can determine what 5 days of suffering is worth in the County in which you have your case. They can try and find similar cases and injuries to what you experienced to get a sense of the value of your particular case.

Having said that, it's important to note that every case is different, and every person who suffers an injury handles it differently. That's why there's such great fluctuation between similar cases, especially in different parts of the State. A jury in upstate Albany County may view a fractured arm as having a lower value than a jury in Manhattan or the Bronx.
Importantly, pain and suffering awards are tax-free in New York.

Economic Loss

This is an element of 'damages' that is readily calculated. If the victim was working, we can piece together what they were earning at the time of the malpractice, and then project forward what they likely would have earned in the future had they not suffered such horrible injuries.

In order to help a jury understand the value of money, medical malpractice lawyers will often hire economists, experts at evaluating and discussing the value of money. We all know that the value of a dollar 20 years ago was much different than it is today. That's known as inflation. An expert economist is brought in to explain to a jury that a dollar today will not buy the same things 10, 15, 20 and even 30 years from today. That is why when we ask a jury to make an award today, they must recognize that this award will be used to help pay for medical expenses for the rest of that victims' life. If an award is made to pay for something that costs $100 dollars today, in 15 years that same $100 will not be able to buy the medical device that he used to buy it 15 years earlier. it would not be fair to the victim or his family to dig into their own pockets to pay for those expenses, especially when they did nothing to contribute to the victim's injuries. It should be the total responsibility of the person who caused the harm.

To determine what medical expenses are likely to be incurred in the future, medical specialists are brought in to discuss the victim's injuries and what they can expect to happen in the future. We often include rehabilitation experts, and vocational experts to explain what type of employment this handicapped individual might be capable of doing in the future, and what kind of income they could ever be expected to earn.

Conclusion

These are the basics to understanding how a medical malpractice victim obtains full and fair compensation in the State of New York.

NY Medical Malpractice - fetal distress, anoxia and hypoxia - a case report

Let me tell you about a brain-damaged baby case I handled that started when a woman came to my office and told me about how she was in labor with her second child. She was admitted to the labor floor and apparently hooked up to a fetal monitor to evaluate the baby's heart rate and the mother's contraction patterns.

She was on the labor floor for hours with infrequent visits by a nurse and a resident doctor every so often. Mom told me that despite continued complaints of labor pain, her pleas to help went ignored. Nobody checked on her for more than an hour. When a nurse finally checked in on her, she noted abnormal fetal tracings and ran for the doctor. The doctor came in, examined the patient, reviewed the fetal monitoring strips and decided she needed an emergency cesarean section. All mom knew was that there was a problem with the baby.

At the time of birth, the baby had very low Apgars- the scores that are given to the baby to try and objectively asses the baby's well-being at the time of birth. The doctors look at whether the baby is breathing at birth, whether he's crying, moving his arms and legs. The color of his skin is evaluated, among other important factors that make up a baby's "Apgar scores."

Unfortunately for this mother, her child was deprived of oxygen, a condition known as hypoxia, which is a lack of oxygen, that led to brain damage. We claimed that the baby's distress was visible on the fetal monitor tracing that went ignored, along with mom's complaints. The doctor who was responsible for this patient initially claimed the patient didn't need an emergency c-section, but then later changed his testimony and claimed it really was an emergency c-section because the baby was in distress.

Anoxia is a term doctors use to mean "no oxygen."
Hypoxia is a term doctors use to mean "lack of oxygen."
Either condition is extremely bad for the baby since our brains require oxygen to survive. If the baby's brain is deprived of oxygen of a period of time, the baby can experience permanent and irreversible brain damage.

In our case, I was able to successfully resolve the case in favor of the mother and child. Obtaining appropriate compensation as a result of the failure to recognize fetal distress during delivery allowed mom to be able to support her disabled and brain-damaged child for the remainder of her life.