You can sue a doctor without malpractice insurance. You would be suing the doctor or medical facility directly rather than negotiating mostly with an insurance company. You could still recover compensation for an injury caused by a negligent medical practitioner even if they do not have medical malpractice insurance.
New York State does not currently require doctors to carry medical malpractice insurance, according to the New York State Department of Financial Services. However, even though some doctors or healthcare providers may not have malpractice insurance, you could have been injured by one.
Who Is Liable for a Medical Injury
The term “liability” pertains to the legal and financial responsibility of parties involved in an accident. Whoever caused or contributed to a medical accident could be legally responsible for the victim’s damages. With medical malpractice cases, the liable party is often a doctor, nurse, healthcare worker, or a healthcare company.
For instance, if you were injured during surgery, you may be able to sue the doctor and the hospital, depending on the circumstances.
Investigating your medical injury is important to determine who is liable and who you can sue after an injury. You will need evidence to prove your case. Liable parties in medical malpractice injury cases could include:
- Healthcare providers
- Physical therapists
- Other medical workers
Sometimes, multiple parties could be liable for your medical injury. For instance, if both the doctor and the hospital played a role in the medical injury, they could both be liable.
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Understanding the Need for Medical Evidence
Medical evidence is a requirement when suing for medical malpractice. You have to prove that a doctor or medical provider caused your injury, that they did so due to negligence, and that you suffered damages because of their actions (or inaction).
Medical evidence comes in many forms. For instance, you can use testimony from a medical professional. You can also use documentation of your injury as evidence.
A few more examples of evidence that can help prove a medical malpractice case:
- Medical expert witnesses
- Physical evidence
- Photo evidence
- Video evidence
- Medical documentation
- Proof of damages (medical bills, lost wages, and more)
Calculating Your Medical Malpractice Damages
When suing a medical practitioner, the law entitles you to recover fair and reasonable monetary damages resulting from medical negligence.
For instance, if you have been unable to work for six months because of your injury, you could be compensated for lost income. You can also be paid for non-monetary damages, such as pain and suffering. You could even be compensated for such damages as your loss of mobility, mental anguish, and impairments to your quality of life.
Here are some forms of damages you could include in a medical malpractice lawsuit:
- Pain and suffering for all of your physical injuries and required medical treatment caused by the malpractice
- Lost income
- Loss of future income
- Mental trauma
- Cost of mental health treatment
- Physical therapy expenses
- Permanent injury
- Lost life happiness
- Future pain and suffering if your injuries are deemed permanent
You may be able to seek a recovery for the range of ways your injury has caused you to suffer. We can help you build evidence to demonstrate the fair value for each and every type of damage you sustained and will sustain in the future.
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The Process of Filing a Medical Malpractice Suit
You typically have two years and six months from the date of your medical injury to bring a suit for medical malpractice. However, there can be exceptions to this deadline, depending on your circumstances and when you discovered your injury.
Filing a suit against a medical provider or practitioner can be a complicated process, including the following steps:
- Evidence will need to be gathered through an investigation.
- A medical expert will need to be retained by your lawyer and give an opinion that malpractice took place
- Your lawsuit must be filed in a timely manner
- The doctor or medical provider will have a chance to respond to your complaint
- All sides will exchange medical evidence and documents, including your complete medical chart
- The parties will attempt to negotiate a resolution of your claim
- If your case goes to trial, evidence will be submitted, witnesses will testify, and the court or jury will issue a verdict.
We can handle all of these steps in the process for you – so that you can focus on your own recovery.
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Get Legal Help with Your Medical Malpractice Lawsuit
In summary, you can bring a claim against a doctor even if they do not have malpractice insurance. This process can be difficult however, but our lawyers are ready to help you fight for your rights. Dansker & Aspromonte Associates can help you with your claim for fair and reasonable damages if you have been injured as the result of medical negligence.
Our firm accepts cases originating in the New York City metropolitan area, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island and Nassau and Suffolk Counties. Call (212) 732-2929 to speak to a team member about your claim. The consultation is free.