David M. Shearer, a graduate of the Boston University School of Law, has spent 25 years as a medical malpractice and personal injury attorney in New York. Over the course of his career, David M. Shearer has negotiated individual settlements in excess of $40 and $60 million.
In 2012, Americans received more than $3 billion in medical malpractice settlement payments. Victims of medical malpractice are patients whose conditions worsen or who suffer a new injury or illness due to the negligence of a medical provider, including a doctor, nurse, or other medical staff. However, not every patient who experiences a negative medical outcome has been affected by medical malpractice, and patients who have may find it difficult to prove.
Many surgeries and procedures have inherent risks associated with them; if a qualified physician performs to the best of his or her abilities, yet something goes wrong, it becomes more difficult to prove medical malpractice. In addition, any patient who has previously been the victim of medical malpractice may have to demonstrate that the specific incident at issue in the case resulted in the complication, as opposed to a previous occurrence.
Even a patient who has a clear case for medical malpractice must file the action within a specific timeframe. Contacting an experienced medical malpractice attorney as soon as possible is the first step in determining whether or not legal recourse is an option.