1. We can't prove the doctor did something wrong.
What do I mean? In order to prove a malpractice case in New York, your lawyer must prove that your doctor or hospital departed from good curative care. Well, how do you prove that? By having a curative specialist impart your records and resolve that there were departures from good care.
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2. We can't prove that the wrongdoing caused injury.
In New York, we must show not only that there was wrongdoing (departures from good care) but also that the wrongdoing caused injury. Again, this must be proven by a curative specialist who has reviewed all of your curative records. If this element is missing, we cannot successfully prove your case.
3. We can't prove that you suffered critical and permanent injury as a succeed of wrongdoing by a doctor or hospital.
What constitutes critical and permanent injury? An injury that disables you from doing your daily activities. Something that is permanent and is thinkable, to last for a long time, like a scar. A fracture is considered significant. There are many other critical injuries and obviously injuries work on distinct citizen distinct ways. Your lawyer needs to see how your injuries have affected you and what the hereafter holds for you.
4. You have lied about important facts in your case or your past.
If you lie to your attorney, and he finds out about it, in all likelihood, he will not accept your case. Honesty is the utmost of importance. If you feel you have unavoidable information you don't want to disclose to him that's one thing. But to actively lie about past lawsuits or events that happened is a big no-no. Your attorney is obligated to keep your information confidential. Hold him to that obligation.
5. You insist on running the show and tying the attorneys hands by insisting what he can and cannot do.
This is the 'kiss of death' for a case. Where the client believes they know more than the attorney and knows best how to create strategy in their case. In a lawsuit, your attorney is your legal advisor. He provides you with the best legal options ready to you, and together you should be able to make the best choices for your case.
There are instances where the client will demand that the attorney do things that either are not proper, or unfounded, that if done would ruin your case. Remember, you must have faith and trust in your attorney. If not, then you might want to look for other lawyer to record you.
These are five of the main reasons why your malpractice case will be rejected by a New York curative Malpractice Attorney.
Five Reasons Why Your Malpractice Case Won't Be acceptable By A New York Malpractice Lawyer
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