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 forestall you from seeking compensation 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 someone else to bring a lawsuit for compensation. This law originated from base 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 base sense. If someone else someone causes you harm, you are entitled to collect money to pay for your healing expenses, your lost earnings, your future 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 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 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 base rhetorical request 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 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 collect for the injured victim? Money is the only thing that allows us to pay the healing bills that were generated as a corollary 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 activity again, and hopefully forestall the next someone from being a malpractice victim.
3. Your doctor's reputation will be tarnished
Contrary to popular opinion, (or at least from the doctor's guarnatee company) this is not an spoton statement. Most population living in a civilized community 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 justify how the case had no merit. Importantly, the doctor will still continue to custom treatment and there will normally be no disciplinary activity taken as a corollary of a civil healing malpractice lawsuit. The reliance that a doctor's reputation will suffer a blemish 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 custom treatment (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 custom for a few days, but there is no guess for him to shut his healing practice.
In very greatest cases where the doctor is a threat to the health and well-being of his patients, the New York State division of health 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 doctor continues on with his custom and his life.
6. Your doctor may lose his license
Not true. A civil lawsuit in New York has no corollary on either a doctor does or does not lose his license to custom medicine. In order for a New York doctor to lose his license, the New York State division of health investigates a complaint of wrongdoing. After allembracing investigation and after a hearing where the doctor gets to justify what happened and why, the division of health reaches their own conclusions about either treatment was rendered in accordance with good healing 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 choice would the health division revoke a physician's license. But simply by bringing a lawsuit against a doctor for monetary compensation does not work on his license to custom 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 significant 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 normally other ways to decide what treatment was rendered, and often such activity 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 up-to-date healing and guarnatee studies that have confirmed that when doctors and hospital staff are uncomplicated and honest about what happened, patients and their families tend to understand that 'not everyone 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 inpatient 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 decide either such an apology is sufficient. Most population will tell you it's not.
9. Your friends and house may think you're a gold-digger
If you live your life involved about what your friends and house 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 house 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 house 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 decide 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 permanently disabled is a factor to decide 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 tiny to the time you were injured and disabled. Most population 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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