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

Medical malpractice cases can be among the most difficult and complicated to win. Top New York malpractice attorneys know how to navigate these cases.

Medical malpractice occurs when doctors deviate from the accepted medical practice and cause injury or even death. A successful malpractice case can provide compensation for past and future: medical expenses, lost wages as well as loss of consortium and suffering and suffering.

Medical Records

Medical records are a critical element of any medical malpractice case. Medical records may contain lots of information, ranging from initial diagnoses 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 be utilized by lawyers to determine if the doctor's actions were below the standard of practice and caused harm.

Many healthcare providers and hospitals have to provide copies of patients' medical records on request. When a medical malpractice attorney requires records as part of an upcoming lawsuit, they could experience significant administrative delays. A dedicated and experienced New York City medical malpractice attorney can get the records quickly and efficiently.

The statute of limitations is a period within which a medical negligence claim has to be filed. In New York this means you only have two and one quarter years to file a lawsuit from the date of the incident or omission caused you harm.

Your lawyer should gather as much evidence as possible in the initial stages of your medical malpractice case. This includes any and all of your medical documents, including the above information along with hospital bills, eyewitness accounts and photographs of your injuries.

Expert Witnesses

Expert witnesses are often needed in medical malpractice cases. These are generally medical professionals that can provide an opinion from a medical professional regarding the incident, indicating whether negligence occurred or not. They are often called upon to review the medical records of the case, and may be required to appear in person during the trial.

An expert witness could be a nurse, surgeon's assistant, doctor, a physician or any other healthcare worker who has significant educational and practical experience in the medical field. They can help the jury be able to comprehend the medical aspects involved in a case.

A medical expert's report can be an effective tool in evidence that the defendant did not fulfill their duty of caring and caused you harm. These experts are legally bound that they only provide information they believe is accurate. They can be held liable for false claims that are found to be false, and it is essential to select experts who are trustworthy and reliable.

A skilled lawyer who is experienced in malpractice law firms cases can assess the case and determine whether an expert witness is needed. In some instances an expert's opinion may not be required because medical records demonstrate that a physician or healthcare professional made an error that resulted in your injury.

Depositions

A reliable witness testimony can help establish that the medical professional did not to fulfill his or her duty of care. Your malpractice lawyer may be able find witnesses like 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 negligent act, or who witnessed it from a different location. They can be deposed and provide crucial details to support your case.

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

Some states cap the amount a patient may receive for a medical malpractice suit. Your attorney will explain how this affects your case.

While the consequences of a medical mistake can be devastating, many can recover compensation from the healthcare providers or clinics in which they work. A New York medical malpractice lawyer has the knowledge, resources and experience necessary to present a compelling claim for you and your family.

Trial

A variety of injuries can result from a mistake in prescribing or dispensing medication. A mistake in the administration of blood thinners for patients at risk of stroke can be fatal. New York attorneys at Duffy & Duffy can make malpractice lawsuits against pharmacists, doctors and optometrists for wrongfully prescribing drugs that cause severe injury.

Even if a medical professional confirms that a healthcare professional did not meet the standard of care, proving the healthcare provider's actions caused the injuries suffered by the victim can be difficult. A skilled malpractice attorney can make use of the hospital's or doctors' policies, protocols, and guidelines to create a case that proves the defendant's negligence.

Many medical malpractice lawsuits settle before trial. A seasoned attorney is able to present your case to court if the insurance company does not agree to a fair settlement during negotiations before trial, or if jury verdict could result in a higher damages award. A medical malpractice attorney might decide to appeal a lower court decision, depending on the merits and importance of your case. This process can be lengthy and may require expert witnesses. However, it's an important step to make sure your case is given a fair hearing.