FAQ: Medical Malpractice Litigation and Disputes

  • What is medical malpractice?

    Medical malpractice is when a doctor or any other member of the medical profession acts in a negligent manner and results in the undo harming of a patient.

  • Who can be held liable for malpractice?

    Any physician can be held liable if their negligent behavior has led to your injury. This includes a wide range of specialists, including chiropractors, surgeons, etc. An experienced team of attorneys will know how to best pinpoint the focus of your suit.

  • How will I know if a doctor can be held liable?

    Simply experiencing a poor result doesn’t necessarily constitute medical malpractice. Some outcomes can’t be avoided, even when a doctor provides their best effort. If a doctor’s actions are seen as negligent, however, then you may have a case. Comparing your physician’s actions to those of his or her peers is one way to figure out if there was a deviation from the medical standard.

  • So what exactly must be shown to prove malpractice?

    Doctors are obligated to conform to a strict, high standard of care and if they deviate from it, they can be at fault. To prove malpractice we must prove that a doctor has failed to meet their professional obligations, that the lapse in duty has caused your injury, and lastly, that this injury has caused significant damage or harm.

  • If I signed a consent form, does that mean I forfeited my rights to make a medical malpractice claim?

    Not necessarily. Most people understand the inherent risks in surgery and in some treatments. You’ve agreed to undergo treatment knowing the risks of a surgery performed without error or negligence. However, if a doctor or surgeon has performed treatment on you in a negligent manner, they have breached their side of the obligation.

  • Do I need to hire an attorney?

    You don’t have to hire an attorney, but those that do are putting themselves in the best position to win compensation. The legal process is long and sometimes difficult. Attorneys can help manage your claim, advocate your case in court, and maximize your potential benefits.

  • What if I can’t afford an attorney?

    At Tucker Lawyers PC, we do not collect any legal fees unless we win your case. So if you believe you are the victim of negligent medical care, you should not hesitate in retaining counsel and seeking the compensation you deserve.

  • If I do win, how much of my winnings go to my attorney?

    The fee is normally a percentage of your winnings, though a flat fee can be negotiated beforehand. The fees charged by medical malpractice lawyers are generally universal across the state of New York.

  • Will I be taxed on my earnings?

    In most cases, proceeds from personal injury medical malpractice suits are not taxable.

  • How do I prepare for my medical malpractice case?

    The most important beginning step is full disclosure with your medical malpractice attorney. In most cases, the more information we can gather, the better the proceedings will go. So, being thorough is important. Remembering the time and date of the injury, the physicians involved, and other pertinent information can prove useful later in court. Any lab reports and test results should also be submitted. If you’ve got any related photos, bills, or notes from your doctor, you should bring those as well. Remember, the more evidence the better; our attorneys are skilled at figuring out which pieces of information will be helpful.

  • Will the case definitely go to court?

    Not necessarily. The attorneys at Tucker Lawyers PC listen to our clients and are always interested in reaching an amicable resolution outside of the court system if possible. Many claims are resolved via negotiation rather than a jury verdict. If your case does go to court though, our attorneys will keep you informed every step of the way and make every effort to put you at ease during the process.

  • I suffered adverse effects from prescribed medications. Can this qualify as medical malpractice?

    Absolutely. Part of a doctor’s job is to perform a careful review of your medical history including any drugs you’re currently on or formerly took. If you’ve been prescribed a combination of medications that have caused a dangerous interaction, or you’ve suffered from a side effect that your doctor should have foreseen, you may have a case for medical malpractice.

  • I’m still not sure if my claim is valid. What are some examples of medical malpractice?

    If you’re still unsure, it’s best to contact professionals who can evaluate your claim. The list of errors and oversights that can be deemed negligent is an extensive one. But if you feel like you were misdiagnosed or not diagnosed in a timely manner, you were not thoroughly informed about the dangers of a procedure, you were operated on without having given consent, or your doctor committed an avoidable error, then you may be eligible for compensation.

  • Are there any deadlines involved when attempting to file a claim?

    The deadline for filing a malpractice suit is usually two years. However, for different specialized claims, the deadline can be much closer to the date of the incident. That’s why you should never hesitate in filing your claim.

  • Why choose Tucker Lawyers PC?

    At Tucker Lawyers PC, we’ve got a compassionate and dedicated team of professionals who will assist you during every step of your case. From the obtaining and completion of the necessary paperwork, to filing your claim, to aggressively representing you in court, we’ll be there to provide care and expertise. From evidence and eye-witness gathering, using a combination of cutting-edge technology and professional know-how helps us earn results for our clients. And if your claim is denied, we are prepared to remount your case for the appeals process. We are here to help you. Our consultations are free, so contact us today.

john tucker

Managing Attorney John. J. Tucker, Esq.

John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]

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