Doctors carry malpractice insurance, otherwise referred to as professional liability insurance, to cover any damages they may have to pay if they are sued for causing harm to a patient.
If your doctor made a careless mistake while treating you, you have the right to sue for monetary compensation for the losses you endured. Your right to sue is not predicated on whether a doctor has malpractice insurance or not.
However, suing a doctor can be complicated. Doctors have the power of hospitals behind them, and hospitals have large law firms representing them in cases just like yours. As such, a lawyer from the Morelli Law Firm can help you navigate any difficulties you may face.
Doctors Are Not Always Required to Carry Malpractice Insurance
According to the New York State Department of Financial Services (NYSDFS), doctors are not always required to carry malpractice insurance. In some circumstances—for example, if they work at a large hospital—doctors may be required to carry a policy. Higher premiums, however, drive some doctors to opt out of paying for coverage.
If you try to sue an uninsured doctor, the compensation you can collect will be limited to the unprotected assets the doctor owns. Depending on how much money you need, you may have more trouble collecting compensation from an uninsured doctor than an insured one.
How Long You Have to Sue for Medical Malpractice
New York Civil Practice Law & Rules (CVP) §214-A states that, with few exceptions, you must begin your medical malpractice lawsuit within two and a half years from the date of the incident. To have any chance of receiving compensation, you must act quickly.
Determining Which Damages to Include in Your Lawsuit
You may qualify for both economic and non-economic damages. Consult with an attorney if you have any questions about your eligibility.
Economic damages are recompense for the money you lost or spent as a result of the malpractice, including:
- Loss of wages
- Loss of financial support
- Medical bills
- Related bills
Non-economic damages are recompense for losses or injuries that do not have a clearly defined value. Examples include but are not limited to:
- Pain and suffering
- Loss of consortium
- Loss of companionship
The Odds of Winning a Malpractice Suit
The odds of winning a malpractice suit are stacked against you – especially if you go it alone. In cases where there isn’t much evidence against the doctor, doctors win about 80% to 90% of the time in cases involving a jury. Cases with so-so evidence have a 70% success rate in the doctor’s favor, and in cases where the patient has strong evidence, the doctor still wins 50% of the time.
This is why it is incredibly important to have a good attorney by your side if you are considering suing a doctor. And the Morelli Law Firm has the experience you need and the results you’re looking for.
For example, we secured a $9.1 million verdict against doctors who performed a negligent and fatal coronary artery repair on a patient with a kidney injury. We know how to fight medical negligence cases and win.
What the Morelli Law Firm Can Do for You
Whether the doctor you’re considering suing is insured or uninsured, you should strongly consider getting legal representation for your case. Your lawyer knows the specific laws pertaining to your case, and a lawyer from the Morelli Law Firm has the experience necessary in dealing with prior cases to know what to do for yours.
For instance, some things your attorney can handle for you include:
- Investigating your case: It is important to gather as much evidence as possible to prove both that malpractice took place and that it had a negative impact on your life. Your lawyer can hire experts to testify on your behalf.
- Filing your lawsuit: Your lawyer will notify your doctor and the court about your lawsuit so you don’t have to, including filling out and filing all the required paperwork.
- Communicating on your behalf: Speaking directly to the other side gives them a chance to use your words against you. Let your lawyer do the talking instead.
- Negotiating in your best interest: Your lawyer will sit down with the other party and his or her representatives to negotiate the best possible settlement for you.
- Going to court: If your doctor is uncooperative, your lawyer may need to take them to trial. Since this is a civil matter, your lawyer can represent you in the courtroom without you even needing to be there.
Call Morelli Law Firm Today for Experienced Help with Your Malpractice Case
Morelli Law Firm can evaluate your case for free and help you come up with a plan to fight for the compensation you deserve. Call our office at (212) 751-9800 to get started with a free consultation.
We have assisted clients with cases just like yours throughout New York, including New York City, Long Island, and Albany, and throughout northern New Jersey and Philadelphia. Every minute you wait is another minute that can count against your case, so don’t delay–call Morelli Law Firm now!