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

Medical malpractice claims can be among the most complex and difficult to get. The best New York malpractice attorneys know how to win these cases.

Malpractice happens when a doctor is not following accepted medical procedures and causes injury or death. A malpractice lawsuit that is successful can provide compensation to cover future and past medical expenses, lost wages and consortium, as well as pain and suffering.

Medical Records

Medical records are an essential component of any malpractice case. They often contain a great quantity of information, ranging from initial diagnoses to treatment plans. These records contain digital images of patients flowsheets, malpractice attorney reports on surgery, intensive care units or operations, EKG tracings and other relevant documents. These documents can aid an attorney who is a victim of malpractice determine if the actions of a physician fell below the standard of care and caused harm.

Many healthcare facilities and hospitals are required by law to provide patients with copies of their own medical records upon request. When a medical malpractice lawyers attorney is seeking records in connection with an upcoming lawsuit, they may experience significant administrative delays. A dedicated and experienced New York City medical malpractice attorney can work to obtain the records quickly and efficiently.

A medical malpractice case must be filed within a certain time frame, which is known as the statute of limitations. In New York this means you have two and a quarter years to file a lawsuit from the date the act or omission caused you harm.

In the beginning stages of a claim for medical malpractice, your lawyer will need as much evidence as they can. This would include all of your medical documents, including the mentioned information and hospital bills, eyewitness testimony and photos of your injuries.

Expert Witnesses

Expert witnesses are usually required in medical malpractice cases. They are typically medical professionals with the ability to provide an opinion on the case and whether negligence took place. They are usually called upon to examine the medical records in a case and they might also be required to testify in person during the trial.

A nurse, surgeon assistant doctor, surgeon assistant, or other healthcare worker with extensive training and experience could be an expert witness. They can help explain complex medical aspects of a claim so that the jury can better understand their role.

If the testimony of a medical professional is presented in court, it could be a powerful evidence tool to show that the defendant violated their duty of care and caused you harm in the process. It is important to note that medical experts must take an oath of only providing information they believe to be authentic. They can be held liable for statements that are found to be false, so it is important to only hire experts who are trustworthy and reliable.

A skilled lawyer who is experienced in malpractice cases can review the situation and determine if an expert witness is required. In some cases an expert's testimony might not be needed because medical records show that a healthcare professional made an error that resulted in your injury.

Depositions

A reliable witness testimony will prove that the medical professional did not to perform his duty of care. Your malpractice lawyer might be able to identify witnesses like pharmacists, nurses radiology technicians doctors who have read test results ambulance attendants, or other health professionals who were in the operating room at the time of the wrongful act or who witnessed it from another location. They are able to be deposed and can provide important details to support your case.

There are various types of damages that your New York malpractice attorney may be able to recover on your behalf in an effective lawsuit. You can recover your actual financial losses like medical bills and lost wages. Non-economic damages are also offered, including pain and suffering, loss enjoyment of life, disfigurement, and mental or emotional distress.

Certain states impose caps on the total amount patients can receive in a lawsuit for medical malpractice. Your lawyer can explain how this impacts your case.

While the consequences of a medical error may be devastating, a lot of people can recover compensation from the clinics or healthcare providers where they work. A New York medical negligence lawyer can provide you with the resources, skills and experience needed to build an impressive case for you and your loved family members.

Trial

In the event of an error in the prescribing or dispensing of medication, patients can suffer a variety of injuries. An error in administering blood thinners for patients at risk of stroke can be fatal. New York attorneys at Duffy & Duffy can bring malpractice claims against pharmacists, doctors, and optometrists for wrongfully prescribing medications that can cause serious injury.

Even if a medical expert affirms that a healthcare provider didn't meet the standard of care, proving the provider's actions caused the victim's damage isn't easy. A skilled malpractice attorney can use hospital or doctor's policies, protocols and guidelines to create a case that establishes the defendant's incompetence.

Many medical malpractice cases settle prior to trial. An experienced attorney will be able to present your case to court if the insurance company is unwilling to accept a reasonable settlement during pretrial negotiations, or a jury verdict would result in a larger damage award. A medical malpractice attorney could decide to appeal a lower court decision, based on the merits and importance of your case. This process is time-consuming and requires the participation of expert witnesses. It is essential to ensure your case gets a fair hearing.