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

Medical malpractice claims are among the most complex and difficult to be successful. Fortunately, the top New York malpractice lawyers know how to navigate these cases successfully.

Malpractice occurs when doctors depart from the accepted medical practice that cause injury or death. A malpractice lawsuit that is successful could provide compensation to cover the past and future medical expenses, lost wages, consortium, as well as suffering and pain.

Medical Records

Medical records are a critical element of any medical malpractice case. Medical records may contain an array of information that ranges from initial diagnoses and treatment plans. These records can include digital photos of patients, flowsheets, reports on surgery, intensive care units or operations, EKG tracings and other relevant documents. These records can be used by lawyers to determine whether a doctor's actions fell below the standards of practice and harmed.

Many healthcare facilities and hospitals are legally required to provide patients with copies of their own medical records upon request. However, when medical malpractice lawyers request documents in connection with the possibility of suing medical professionals for negligence, they could face significant administrative delays. An experienced and dedicated New York City medical malpractice attorney can help obtain these records quickly and efficiently.

A medical malpractice case must be filed within a specified timeframe, referred to as the statute of limitations. In New York this means you have two and a quarter years to file a lawsuit starting from the date the act or omission caused you harm.

Your lawyer should gather as much evidence as possible in the early stages of your medical malpractice case. This includes all of your medical records including the information mentioned above along with hospital invoices, eyewitnesses' testimony and photographs of your injuries.

Expert Witnesses

Medical malpractice cases often require the use of experts as witnesses. They are usually medical professionals who have the ability to provide an opinion on the situation and whether or not negligence occurred. They are often required to review the medical documents of a case, and may be required to testify during the trial.

An expert witness can be a nurse, surgeon's assistant, a doctor, physician or any other healthcare professional with a substantial amount of educational and practical experience in the medical field. They can help the jury be able to comprehend the medical aspects involved in a case.

When the testimony of a medical specialist is presented in court, it could be an effective tool to establish that the defendant has violated their duty of care and caused you harm as a result. Experts are legally bound to only present evidence they believe to be authentic. They can be held liable for any false statements that are later proven to be false, therefore it is important to only hire experts who are reliable and trustworthy.

An experienced lawyer who is skilled in malpractice cases can evaluate the situation and determine if an expert witness is needed. In certain cases an expert's report may not be required because the medical records clearly show that a physician or healthcare worker committed a mistake which led to your injury.

Depositions

A reliable witness can help prove that a medical professional didn't fulfill their obligation of care. Your malpractice lawyer might be able to identify witnesses like nurses, pharmacists radiology technicians, doctors who read test results ambulance attendants or other health professionals who were in the operating room at the time of the negligence or who witnessed it from a different location. They can be deposed and provide valuable evidence to back your claim.

There are several types of damages that your New York malpractice attorney may get on your behalf in an effective lawsuit. These include reimbursement for your actual financial losses, such as medical expenses and lost wages, as well as non-economic damages that are more subjective, such as pain and suffering as well as loss of enjoyment of life disfigurement, emotional or mental distress.

Certain states impose caps on the amount of money that a patient can receive in a medical malpractice suit. Your lawyer will explain how this affects your case.

While the aftermath of a medical error can be traumatic, thousands of people are able to recover compensation from healthcare providers and the hospitals or clinics where they work. A New York medical negligence lawyer can provide you with the resources, expertise and experience required to construct a strong case for you and your loved ones.

Trial

Due to an error in the prescribing or dispensing of medication, patients can suffer many kinds of injuries. For instance, a lapse in the administration of a blood thinner to patients who are already at risk of having strokes can result in fatal. Duffy & Duffy, New York lawyers, can file malpractice suits against doctors and pharmacists who prescribe medications that cause serious injury.

Even if a medical expert declares that a healthcare provider didn't meet the requirements of care, proving the provider's actions were responsible for the victim's injuries can be difficult. A competent lawyer for malpractice can apply hospital or doctor's policies, protocols and guides to construct a case that proves the defendant's negligent.

Many medical malpractice cases settle prior to trial. An experienced attorney is prepared to take your case to court if an insurance company does not agree to a fair settlement during negotiations prior to trial, or if a jury verdict would result in a larger damage award. Depending on the strength of your case medical malpractice lawyers may be able to seek an appeal in which a higher court reviews a lower court's decision. The process can be long and requires expert witnesses. It is a crucial aspect in ensuring that your case is heard with respect.