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

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

Medical malpractice occurs when a doctor breaks from accepted medical practice and results in injury or death. A successful malpractice lawsuit could offer compensation for the past and future medical expenses, lost wages and consortium loss, and suffering and pain.

Medical Records

Medical records are a critical part of any medical malpractice case. Medical records can contain lots of information which range from the initial diagnosis and treatment plans. These records include digital images of patients flowsheets, reports on surgery, intensive care units or operations, EKG tracings and other relevant documents. These documents can help an attorney who is a victim of malpractice determine if a doctor's actions fell below the norm of care and caused harm.

Many healthcare facilities and hospitals are legally required to provide patients with copies of their own medical records upon request. If a medical malpractice attorney requests records as part of an upcoming lawsuit, they may experience 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 certain time frame, which is known as the statute of limitations. In New York this means you only have two and one quarter years to file a claim from the date the act, omission, or failure caused you harm.

Your lawyer will need to gather as much evidence in the beginning stages of your medical malpractice case. This includes all of your medical records including the information mentioned above, but also hospital invoices, eyewitnesses statements, and photos of your injuries.

Expert Witnesses

Medical malpractice cases often require the involvement of experts as witnesses. They are typically medical professionals who have the capacity to give an opinion on the case and whether negligence occurred or not. They are often asked to look into the medical documents of a case, and could be required to testify in the trial.

A surgeon assistant, nurse doctor, surgeon assistant, or any other healthcare professional with a high level of education and practical experience can be an expert witness. They can assist jurors to understand the complex medical aspects of the case.

If the testimony of a medical professional is presented in court, it can be a powerful tool to prove the defendant breached their duty of care and caused harm in the process. They are required by law to swear to only provide information they believe to be true. They are accountable for statements which are later found to be false, so it is essential to employ experts who are reliable and trustworthy.

An experienced attorney for malpractice can evaluate a case and determine whether an expert witness is required. In some instances an expert's testimony might not be needed because medical records demonstrate that a healthcare worker committed a mistake which led to your injury.

Depositions

Having reliable witness testimony can establish that the medical provider failed to meet his or her obligation of care. Your malpractice lawyer may be able locate witnesses such as pharmacists, nurses radiology technicians doctors who read test results ambulance attendants, or other health care professionals who were in the operating room at the time of the wrongful act or witnesses from a different location. These witnesses can be deposed and provide crucial information to back your case.

There are several types of damages that your New York malpractice attorney may recover on your behalf in 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 and loss of enjoyment life disfigurement, emotional or mental anguish.

Certain states limit the amount patients can receive for a medical malpractice suit. Your lawyer can explain the implications of this on your case.

Although the repercussions of a medical error can be devastating, a lot of people are able to recover compensation from the clinics or healthcare providers where they work. A New York medical negligence lawyer can provide you with the resources, expertise and knowledge required to create an impressive case for you and your loved family members.

Trial

A variety of injuries can result from an error in prescribing or dispensing medication. An error in administering blood thinners to patients who are at high risk of sustaining strokes could cause fatal injury. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against doctors and pharmacists who prescribe drugs that cause serious injury.

Even if a medical expert confirms that a healthcare professional did not meet the standard of health care, proving the provider's actions caused the victim's injuries is difficult. A competent malpractice lawyer can use hospital or doctor policies guidelines, protocols and procedures to create a case that establishes the defendant's wrongful.

Many medical malpractice lawsuits settle before trial. A knowledgeable attorney will be prepared to take your case to court if an insurance company refuses a reasonable settlement during pretrial negotiations, or a jury verdict could result in a larger damage award. A medical malpractice lawyer could decide to appeal a lower court decision, depending on the strength and value of your case. This is a lengthy process and requires the participation of expert witnesses. It can be a crucial step in ensuring your case is listened to in a fair way.