Derek J. Spada Recovers Six-Figure Settlement in Medical Malpractice Case

Derek Med Mal Case

A Basch & Keegan client received a substantial settlement in a medical malpractice case last week. The client underwent cancer-related surgery. During the procedure, the doctor caused collateral damage to one of her kidneys, along with other complications. The client had no issues with her kidneys before the surgery. The matter was handled by law partner Derek J. Spada.

Medical malpractice cases are complex and require a thorough understanding of both legal procedures and medical standards. Before filing a medical malpractice lawsuit in New York, you must comply with certain pre-suit requirements, including having a qualified medical expert state that there is a reasonable basis for your claim.

Medical malpractice occurs when a healthcare professional fails to provide treatment that meets the accepted standard of care, resulting in harm to the patient. This requires expert testimony from medical professionals who can testify about the appropriate standard of care and how it was breached in your case. In addition to demonstrating a deviation from the standard of care, you must also prove that the healthcare provider directly caused your injuries. This often requires gathering medical records, consulting with experts, and conducting thorough investigations to establish a causal link between the negligence and your harm.

In this case, Derek immediately consulted an expert who agreed there was a deviation from the standard of care. After years of rigorous legal proceedings, including extensive discovery and depositions, the medical malpractice case proceeded to mediation because both parties recognized the complexities and uncertainties of a trial.

During the mediation session, each side presented their arguments and counterarguments. Ultimately, after thorough discussions and careful consideration of the evidence and legal arguments, a settlement agreement was reached. The settlement provided our client with fair compensation for her damages, including medical expenses, lost wages, and pain and suffering.

This successful resolution through mediation spared both parties the emotional toll and financial burden of a lengthy trial, provided closure and justice for our client, and eliminated the uncertain outcome of an unpredictable trial. Ultimately, another Basch & Keegan client found justice.

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