1. You like your doctor
So, what's wrong with that? Nothing. Most of us like our doctors. That's why we trust them and keep going back to them for treatment. But should the fact that you like your doctor preclude you from seeking compensation when he or she committed wrongdoing that caused you corporal and emotional injury?
The law in New York permits whatever who has been injured by another to bring a lawsuit for compensation. This law originated from tasteless law and goes back hundreds of years. In fact in some religions there is evidence that this type of law goes back thousands of years. It makes good tasteless sense. If another someone causes you harm, you are entitled to get money to pay for your healing expenses, your lost earnings, your time to come lost earnings, the damage to your property, and of course, compensation for the pain and suffering you endured.
So, should the fact that you like your doctor preclude you from bringing a lawsuit? It might make you feel uncomfortable, but I certify that when you start to think about your disabling injuries and how your doctor caused them, the anger and hostility you feel will normally outweigh your fondness for your doctor.
2. What good will the money do for you?
This is a tasteless rhetorical examine that defense attorneys often ask plaintiff's lawyers. "The money won't bring your loved one back," "The money won't make you whole again," "The money you're request for isn't going to turn anything..."
However, money is the only thing that our justice principles allows us to recover when an injured victim sues their wrongdoer. While those comments above may all be true, we are prohibited from taking justice into our own hands. Therefore, what else can we get for the injured victim? Money is the only thing that allows us to pay the healing bills that were generated as a effect of the wrongdoing. Money is going to make the victim more financially secure. Money will help the injured victim with ongoing healing care and rehabilitation. The injured victim will not be a burden on a City or governmental handout. Money will help his children go to school or camp. Money may help with modifications needed in his home- such as a wheelchair ramp or modified kitchen appliances.
Money can never make us whole, or replace the agony and suffering that was caused by a doctor or a hospital. But the money is supposed to make those wrongdoers think twice about doing that same action again, and hopefully preclude the next someone from being a malpractice victim.
3. Your doctor's reputation will be tarnished
Contrary to favorite opinion, (or at least from the doctor's guarnatee company) this is not an precise statement. Most citizen living in a civilized society identify the right to sue. The fact that a doctor has been or is sued is not that significant. If you ask a doctor if they've been sued, they will often be quick to explain how the case had no merit. Importantly, the doctor will still continue to practice rehabilitation and there will normally be no disciplinary action taken as a effect of a civil healing malpractice lawsuit. The confidence that a doctor's reputation will suffer a defect if sued, is simply not correct.
4. Your doctor will be banished from his community
Once again, this statement is not true. The doctor will continue to practice rehabilitation (even if they lose the malpractice suit against them, and are required to pay the injured victim money). The doctor will not lose their license, and in all probability, the award will not be reported in the local papers, and most of his patients won't even know of the lawsuit or the award.
5. Your doctor will shut his healing practice
No he won't. He might be outraged that he has to defend a lawsuit and take time away from his practice for a few days, but there is no conjecture for him to shut his healing practice.
In very ultimate cases where the doctor is a threat to the condition and well-being of his patients, the New York State department of condition can and will shut down the doctor's practice and revoke his license to practice.
But, in the majority of cases, this does not happen, and the doctor continues on with his practice and his life.
6. Your doctor may lose his license
Not true. A civil lawsuit in New York has no effect on whether a doctor does or does not lose his license to practice medicine. In order for a New York doctor to lose his license, the New York State department of condition investigates a complaint of wrongdoing. After extensive investigation and after a hearing where the doctor gets to explain what happened and why, the department of condition reaches their own conclusions about whether rehabilitation was rendered in accordance with good healing care or whether there were deficiencies.
The options to punish or cure the deficiencies are many, and only as the most extreme- and last resort option would the condition department revoke a physician's license. But simply by bringing a lawsuit against a doctor for monetary compensation does not sway his license to practice medicine.
7. Your doctor may alter your records
Believe it or not, this has been known to occur in rare instances. When it does, the attorney representing you may be able to prove it. If your lawyer is able to prove that your doctor altered your records, the doctor could suffer essential penalties and could lose his license to practice medicine. The fact that he may or may not alter your records should not preclude you from investigating and/or pursuing an action on your behalf. There are normally other ways to rule what rehabilitation was rendered, and often such action by a doctor can help your case by showing the extent to which the doctor tried to cover up the wrongdoing.
8. Your doctor may apologize and tell you it was all a mistake
There are new healing and guarnatee studies that have confirmed that when doctors and hospital staff are easy and honest about what happened, patients and their families tend to understand that 'not everybody is perfect'. In fact, some hospitals encourage the doctors to fess-up and tell the patients they screwed up, and apologize, and dispose to have the hospital immediately reconcile financially with the outpatient and his family. The studies indicate this works.
Does that mean that you shouldn't sue because the doctor apologized? Not necessarily. An apology may not solve your problems. You need to rule whether such an apology is sufficient. Most citizen will tell you it's not.
9. Your friends and family may think you're a gold-digger
If you live your life concerned about what your friends and family think, then maybe you shouldn't sue-under any circumstance. Your friends have not experienced what you have gone through. Nor do they live with the constant pain and disability that you have. They may not truly understand what you will live with for the rest of your life.
Some folks simply don't want their friends and family to know they're complicated in a lawsuit. The reasons are endless. "I don't want whatever knowing my business." "I don't want my neighbors knowing how much of an award I received." "I don't want my family members request me for money- this is for my future- I can't work anymore, and I can't afford to give it away." "I don't want my relatives to argue with me about why I sued my doctor."
You must rule for yourself whether these concerns outweigh your legal right to bring suit and recover money for your injuries.
10. Your injuries aren't that disabling
There are cases where the injuries are significant, but have cleared up after many months or years. The fact that you may no longer be enduringly disabled is a factor to rule how much your case is worth. If you are no longer disabled- we congratulate you and your success in overcoming your injuries. If you can do those activities that you used to do, we are highly pleased with your recovery. You should know however, that such success means that the value of your case may be itsybitsy to the time you were injured and disabled. Most citizen would agree with this result. You only can receive compensation for the time you were injured and disabled.
Many injured folks may make a recovery, but still be unable to do all of those daily life activities they used to do. Where there is an ongoing problem or disability, the value of your case is ordinarily greater than where you have totally healed.
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