How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim

Medical malpractice cases can be among the most difficult and complicated to get. The best New York malpractice attorneys know how to successfully navigate these cases.

Medical malpractice occurs when doctors deviate from the accepted medical practice, causing injury or death. A malpractice lawsuit that is successful could be able to recover compensation for the past and future medical expenses, lost wages and consortium as well as pain and suffering.

Medical Records

Medical records are an essential element of any malpractice lawsuit. They often contain a amount of information, from initial diagnosis to treatment plans. These records include digital images of patients surgical reports, flowsheets for intensive care units or operations, EKG tracings and other relevant documents. These documents can be used by lawyers to determine if the doctor's actions were not within the norms of practice and harmed.

A lot of hospitals and healthcare providers are required to supply copies of medical records upon request. If a medical malpractice attorney seeks records as part of a potential lawsuit, they might face significant administrative delays. A New York City medical negligence attorney who is committed and knowledgeable can obtain these records swiftly.

A medical malpractice case must be filed within a certain time frame, known as the statute of limitations. In New York, this means that you only have two and two-and-a-half years from the date of the act, omission or failure that led to your injury to make a claim.

Your lawyer should gather as much evidence in the beginning stages of a medical malpractice claim as you can in the beginning. This includes any and all of your medical documents, including the above information, but also hospital bills, eyewitness testimony and photographs of your injuries.

Expert Witnesses

Expert witnesses are usually required in medical malpractice cases. They are usually medical professionals who have the ability to give an opinion about the case and whether or not negligence occurred. They are frequently asked to review medical documents of a case, and might be required to give testimony during trial.

A surgeon assistant, nurse physician, doctor or any other healthcare professional with a high level of training and practical experience can be an expert witness. Expert witnesses can help explain the complicated medical aspects of a claim so that jurors can better understand malpractice lawsuit their arguments.

When the testimony of a medical specialist is presented in court, it could be a powerful tool used to prove the defendant breached their duty of care and caused you harm as a result. It is important to understand that experts must take an oath to provide only information they believe to be accurate. They are liable for false claims that are found to be false, so it is crucial to only employ experts who are trustworthy and reliable.

An experienced lawyer who specializes in malpractice cases can review the situation and determine if an expert witness is needed. In some instances an expert's testimony might not be required because the medical records clearly show that a doctor or healthcare worker committed an error that led to your injury.

Depositions

Having reliable witness testimony will prove that the medical provider failed to perform his duty of care. Your malpractice lawyer will be able to locate witnesses, such as nurses or pharmacists who were in the operating room or who observed the negligent act from another location. These witnesses can be interviewed, and provide valuable information to support your claim.

There are several types of damages that your New York malpractice attorney may obtain on your behalf if you file a successful lawsuit. This includes reimbursement for your actual financial losses, like medical expenses and lost wages, and non-economic damages that are more subjective, like pain and suffering, loss of enjoyment of life, disfigurement, emotional or mental suffering.

Certain states have caps on the amount patients can receive in a medical malpractice lawsuit. Your attorney can explain how this impacts your case.

While the consequences of a medical mistake can be devastating, many are able to recover compensation from the healthcare providers or clinics where they work. A New York medical malpractice lawyer will have the knowledge, resources and experience to build a strong claim for you and your family.

Trial

Many injuries can result from an error in prescribing or dispensing medication. A mistake when administering blood thinners for patients at risk of stroke could cause fatal injury. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against pharmacists and doctors who prescribed drugs that cause severe injuries.

Even if a medical expert declares that a healthcare provider did not meet the standards of care, proving that the doctor's actions are accountable for the injuries suffered by the victim can be difficult. A competent malpractice lawyer can use hospital or doctor policies guidelines, protocols, and other documents to construct a case that proves the defendant's negligent.

Many medical malpractice lawsuits settle before trial. A seasoned attorney will be prepared to present your case to the court if the insurance company does not agree to a fair settlement during pretrial negotiations, or a jury verdict could result in a greater damages award. Based on the strength of your case medical malpractice lawyers may decide to file a case appeal, wherein an upper court reviews the lower court's decision. This is a lengthy process and requires the participation of experts. However, it's an important step to make sure your case receives an impartial hearing.