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 physician forestall you from seeking payment when he or she committed wrongdoing that caused you corporeal and emotional injury?
The law in New York permits anything who has been injured by other to bring a lawsuit for compensation. This law originated from coarse 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 coarse sense. If other person causes you harm, you are entitled to acquire money to pay for your curative expenses, your lost earnings, your future lost earnings, the damage to your property, and of course, payment for the pain and suffering you endured.
So, should the fact that you like your physician forestall 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 physician caused them, the anger and hostility you feel will usually outweigh your fondness for your doctor.
2. What good will the money do for you?
This is a coarse rhetorical question 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 change anything..."
However, money is the only thing that our justice system 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 acquire for the injured victim? Money is the only thing that allows us to pay the curative bills that were generated as a result of the wrongdoing. Money is going to make the victim more financially secure. Money will help the injured victim with ongoing curative 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 physician or a hospital. But the money is supposed to make those wrongdoers think twice about doing that same activity again, and hopefully forestall the next person from being a malpractice victim.
3. Your doctor's prestige will be tarnished
Contrary to popular opinion, (or at least from the doctor's assurance company) this is not an exact statement. Most people living in a civilized society identify the right to sue. The fact that a physician has been or is sued is not that significant. If you ask a physician if they've been sued, they will often be quick to elaborate how the case had no merit. Importantly, the physician will still continue to custom treatment and there will usually be no disciplinary activity taken as a result of a civil curative malpractice lawsuit. The reliance that a doctor's prestige will suffer a fault if sued, is simply not correct.
4. Your physician will be banished from his community
Once again, this statement is not true. The physician will continue to custom treatment (even if they lose the malpractice suit against them, and are required to pay the injured victim money). The physician 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 physician will shut his curative practice
No he won't. He might be outraged that he has to defend a lawsuit and take time away from his custom for a few days, but there is no calculate for him to shut his curative practice.
In very extreme cases where the physician 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 custom and revoke his license to practice.
But, in the majority of cases, this does not happen, and the physician continues on with his custom and his life.
6. Your physician may lose his license
Not true. A civil lawsuit in New York has no result on either a physician does or does not lose his license to custom medicine. In order for a New York physician to lose his license, the New York State department of condition investigates a complaint of wrongdoing. After overall investigation and after a hearing where the physician gets to elaborate what happened and why, the department of condition reaches their own conclusions about either treatment was rendered in accordance with good curative care or either 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 physician for monetary payment does not influence his license to custom medicine.
7. Your physician 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 physician altered your records, the physician could suffer important penalties and could lose his license to custom medicine. The fact that he may or may not alter your records should not forestall you from investigating and/or pursuing an activity on your behalf. There are usually other ways to determine what treatment was rendered, and often such activity by a physician can help your case by showing the extent to which the physician tried to cover up the wrongdoing.
8. Your physician may apologize and tell you it was all a mistake
There are up-to-date curative and assurance 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 every person is perfect'. In fact, some hospitals encourage the doctors to fess-up and tell the patients they screwed up, and apologize, and arrange 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 physician apologized? Not necessarily. An apology may not solve your problems. You need to determine either such an apology is sufficient. Most people will tell you it's not.
9. Your friends and family may think you're a gold-digger
If you live your life involved 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 complex in a lawsuit. The reasons are endless. "I don't want anything 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 determine for yourself either 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 determine 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 wee to the time you were injured and disabled. Most people would agree with this result. You only can receive payment 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 generally greater than where you have totally healed.
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