How We Work – Medical Malpractice Cases
Medical malpractice cases are different from other personal injury cases and require experience and skills unique to medical malpractice law. We have developed a special approach for our medical malpractice cases. On all our medical malpractice cases, Carol Schlitt and Martin Letowsky serve as co-counsel and work closely with our nurse Jennifer Austin. We bring medical experts onto the team based on the specific nature of each case.
Like all our cases, we place a premium on communication and education and we provide our series of Client Reports to ensure that our clients understand all aspects of the case we develop. The success of this approach can be seen in the successful verdicts and settlements we have achieved and the clients we have served.
The Initial Medical Malpractice Consultation:
If you think you or a loved one has been a victim of medical malpractice, we will listen to you and help sort through the facts of your case. We will explain New York’s medical malpractice laws and help make an initial assessment about the medical malpractice case.
The Initial Medical Malpractice Investigation:
If we believe the case could be medical malpractice, we will retrieve all appropriate medical records. Once we have the medical records, our nurse reviewer will assemble the records and analyze them. Our lead medical malpractice attorneys – Carol L. Schlitt and Martin Letowsky – will work with our nurse reviewer to review the medical records and apply case law and their legal analysis.
While the contents of the records are important, we can also identify false and inappropriate entries in the medical records and have won cases where we identified late or false entries. We will consult with experts if we need help in identifying records to request or issues to analyze.
The Initial Medical Malpractice Assessment:
After obtaining, reviewing and analyzing the medical records, we will determine if we have grounds to move forward with the medical malpractice case. We share that assessment with our clients and answer all questions about the assessment.
The Expert Review of the Medical Malpractice Case:
If we determine that the case constitutes medical malpractice, we will retain the appropriate medical expert or experts to review the case. In New York, we can only file a medical malpractice lawsuit if we have a medical expert certify the case. The choice of medical expert can be very important in the ultimate outcome of the case, and we have the experience and knowledge to select the right expert for each case.
Filing the Medical Malpractice Lawsuit:
After we receive the expert review, we will prepare to file the lawsuit. The preparation of those documents establishes the foundation for the entire suit so the attention to detail that we provide is very important. We provide each of our clients with a Suit Report that explains the filing of the suit and the legal process.
Depositions and the Discovery Process for the Medical Malpractice Case:
During the Discovery Process, we will gather additional records from the defense and question the defendant doctors, nurses and staff. Those depositions are critically important as the defendants testify under oath and their answers will provide the testimony on which we will prove our malpractice case. Our skill and experience in conducting medical malpractice depositions can make the difference in a case.
The Medical Malpractice Trial:
Our two lead attorneys – Carol L. Schlitt and Martin Letowsky – jointly try all medical malpractice cases. Working as a team enables them to prepare the strongest possible case. We work closely with our medical experts to present complex information in a clear and compelling fashion to persuade juries about the case.
Settling the Medical Malpractice Case:
Medical malpractice cases rarely settle early, though many settle prior to trial. By preparing to present the most aggressive case at trial, we gain the greatest leverage for settling a case. We work closely with our clients to advise them on the value of their case and the value of any settlement offer. The decision to accept or reject a settlement offer always rests with our clients.
While this is the general approach that we take on our medical malpractice cases, we will develop a specific approach for your case depending on the facts and your specific needs. We look for opportunities to communicate with our clients and are always available to answer questions and concerns.