A medical malpractice case is a type of personal injury action in which a person (plaintiff) sues a health care professional (defendant) for monetary damages to compensate for an injury sustained in the course of medical treatment. To succeed in such a lawsuit, the plaintiff must prove that the defendant departed from acceptable standards of practice, and that the departure caused harm to the patient.

How do you decide whether to accept a case?

If you or a family member has been injured by medical negligence, give Waldinger Associates a call. We will be happy to hear your story and offer impressions and suggestions, with no obligation. The next step is a face-to-face meeting where we will discuss your claim in detail. With your permission, we will then gather and analyze your medical records, study the medical literature, and consult with qualified specialists to ascertain if there were departures from acceptable practice that caused injury. In New York State, a medical malpractice suit may be commenced only if a physician has confirmed that the case has merit.

What does a medical malpractice lawsuit entail?

A great deal of work, but almost all of it is done by us (with your cooperation). We obtain records, talk to experts, file papers in court, attend court conferences, exchange information with the defense attorneys, attend and conduct examinations before trial, interview witnesses, engage in extensive medical and legal research, and present the case to the jury. Throughout the process, we remain responsive to the needs of our clients, ready to answer questions, and give comfort and advice.

As a plaintiff, you will confer with us from time to time, and participate in an examination before trial (also called a deposition) in our office. You may also be asked to submit to physical examinations by doctors to ascertain the extent of the injury. Finally, you will attend the trial, unless the matter is resolved beforehand. At every step of the way you will be represented by experienced counsel; you will never be on your own.

Who determines if I am entitled to compensation?

Ultimately, a jury of six people hears the evidence and arrives at a verdict, determining whether there were departures from acceptable practice that caused injury, and if so, what sum of money will fairly compensate the plaintiff. They consider, among other things, your suffering, disability, and loss of earnings or earning capacity. But a great many medical malpractice cases are settled before or during trial, based on the same criteria.

What legal fees are involved?

Malpractice cases are handled on a contingency fee basis. That means that you owe no legal fees whatsoever unless we recover money for you by way of settlement or jury verdict. If we are successful for you, the lawyer’s fee is a percentage of the recovery. The percentage is computed according to a formula set by law, and ranges from 10% to 30% depending on the size of the recovery (the greater the recovery, the smaller the percentage). The attorney’s fee is actually smaller than fees earned in non-medical-malpractice personal injury cases.

Of course, your initial consultation with Waldinger Associates is free of charge. And if we are not successful on your behalf, there is no legal fee.

What distinguishes Waldinger Associates from other law firms?

We are a small firm dedicated to providing individual attention to all our clients. You will never get lost in a crowd at Waldinger Associates, the firm where everybody knows your name and cares about your case. And you will benefit from Jesse Waldinger’s vast experience dealing with medical malpractice cases, and from his reputation as a leading plaintiff’s attorney. Your matter will be handled expeditiously and professionally by our superb staff.