| There's an old joke that asks "How do you get to | | | | and guidance with a senior trial lawyer who handles |
| Cargenie Hall?" The answer is "Practice." | | | | these cases on a day to day basis. Not only do you |
| The same can be said for becoming a medical | | | | need to learn the law specific to medical malpractice |
| malpractice lawyer in New York. | | | | issues, but you also have to become somewhat of |
| My first boss, a well-known trial attorney in New | | | | an expert on the medicine involved in the case. |
| York, told me one day after an exhausting and | | | | Learning the medicine occurs by reading medical |
| productive day, that trial lawyers are not born great | | | | literature, medical textbooks, speaking with |
| trial lawyers. Rather, they must practice their trade | | | | physicians, consulting with your medical experts, and |
| day in and day out. Only through experience and | | | | treating doctors. Learning how to apply that |
| practice can one become a truly good lawyer. | | | | knowledge to your case is what takes time and |
| Becoming a lawyer | | | | experience. Learning how to cross-examine a doctor |
| In order to become a lawyer in New York, you must | | | | at a deposition or question him skillfully at trial is what |
| attend four years of college. You then must take the | | | | separates the good attorney from the excellent |
| LSAT (law school admission test) and apply for | | | | attorney. |
| admission to law school. Law school is usually a three | | | | Contrary to what we see on television, the key to |
| year program, and once you finish school- you must | | | | being a good trial attorney who handles medical |
| take the New York State Bar Exam. This is a two | | | | malpractice cases is preparation. Preparation of the |
| day exam that tests your knowledge of general and | | | | medicine, preparation of your records, exhibits, your |
| specific areas of law. Once you pass the bar exam, | | | | clients, and your experts; in a word: Preparation. You |
| you must pass an interview with the character and | | | | must know your case better than your own client |
| fitness committee in the County in which you live. | | | | does. You must educate the Court about your case, |
| Once you have passed the interview you will be | | | | the law involved specifically in your case, and must |
| permitted to practice law in the State of New York. | | | | convey your knowledge to the jury in a way that |
| Gaining experience | | | | makes your case more believable than your |
| Most attorneys will go to work for a law firm to gain | | | | adversary's case. |
| experience, and after a few years, move to a | | | | My own experience |
| different firm. Some will open their own law firms, | | | | In my daily practice, I truly enjoy handling medical |
| and some will remain where they started. One of the | | | | malpractice cases. I enjoy speaking with potential |
| best ways to gain experience in medical malpractice | | | | clients who call to see whether they have valid cases |
| law in New York is to work in a defense litigation firm | | | | that warrant investigating and prosecuting. The |
| that handles medical malpractice defense. There you | | | | hardest part of my job is telling a potential client that |
| will learn to handle the file, deal with paperwork, | | | | I cannot accept their case. When that happens the |
| attend court conferences, deal with clients, take | | | | natural question is "Why can't you take my case?" |
| depositions, and if you're lucky, assist senior | | | | The answer to that question can be simple or |
| attorneys with trials. In years past, the younger | | | | complex depending on the type of case they're |
| associates at such defense firms could easily count | | | | calling about. |
| on starting their own trials within one to two years | | | | Being able to help victims of medical malpractice is |
| of passing the bar. However, with malpractice cases | | | | always rewarding, as many of these victims cannot |
| being so complex, and physicians and insurance | | | | help themselves and need legal help with rebuilding |
| companies being weary of the young novice | | | | their lives, their finances and their frail bodies. |
| attorney representing such significant matters, it's | | | | For those who call for tort reform, keep in mind that |
| unlikely that you will be handling your own trial until | | | | there are many instances of valid malpractice cases |
| you are either a partner, or have many years of | | | | here in New York that so few contrarians even wish |
| experience under your belt- even if you are the | | | | to discuss. Rather, they want to focus on a few bad |
| smartest attorney to come out of your class. | | | | apples who bring cases that are questionable. Instead |
| Medical malpractice law | | | | of focusing on a few bad apples, keep your mind |
| Medical malpractice law is a sub-specialty of tort law- | | | | focused on what can be done to prevent malpractice |
| also known as personal injury law. The only way to | | | | from happening, and once it does happen, how to |
| become good at it is to gain experience by practice | | | | properly and fully compensate the injured victim. |