It is thought that both the lower number of cases being filed and the higher payouts are the result of tort reform. Laws have been enacted throughout the country that place a cap on the amount of damages a patient can recover. This may make an attorney think twice before taking on a case they aren’t certain they can win.
Most attorneys in medical malpractice cases are paid on a contingency basis. That means that they are not paid unless their client is successful in being awarded compensation. Some laws have also been put in place that require potential cases be reviewed by panels before they are permitted in court. This may be reducing the number of cases that are being heard.
Some would like to believe that the reduced number of cases being filed means that medical professionals are providing better care. Studies, however, show that this is not the case, and that medical errors are not following the downward trend.
Any person who is harmed by a doctor or other medical professional in New York has the potential to be compensated for their injuries. While not every claim is a valid one and not all will make it to court, no victim should assume that their case is frivolous. Call our team of medical malpractice attorneys today for a free case evaluation. We will review the details of your injury and help you determine if you have the elements necessary to prove that medical malpractice occurred.