A: No. Medical malpractice is a subspecialty of tort law, also known as personal injury law. Most medical malpractice attorneys in New York have been in practice in this subspecialty for many years. You may also find it surprising that many of the very good trial attorneys who represent injured victims today, started their careers representing doctors and hospitals while working for defense law firms.
I am proud to say that I am one of those attorneys. I gained extremely valuable experience representing doctors and hospitals when they were sued by injured victims. The trial experience I received in the early part of my career set the standard by which I always strive to achieve for my clients. I had the opportunity to learn from one of the best trial lawyers in the country at a well known Wall Street defense law firm.
When searching for a medical malpractice attorney, ask these questions:
If the lawyer handles mostly personal injury cases, ask them how many medical malpractice cases they evaluate on a daily basis. Ask them how many malpractice cases they accept, how many medical malpractice depositions they take a month, and how many medical malpractice trials they have handled. If you learn that the attorney takes these types of cases infrequently, I would suggest you might be better off with a lawyer who handles these cases on a regular basis.
An attorney who handles these cases daily is more likely to be up to date on all the rules, regulations and current law applicable in these types of cases. Obviously, this does not mean that the personal injury attorney could not handle your type of matter, or achieve a similar result. I have personally found that the more experience an attorney has in handling these types of cases the greater chance the injured victim has of obtaining a favorable outcome, even though no one can ever provide a guarantee.
