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. Top New York malpractice attorneys know how to successfully navigate these cases.

Malpractice is when doctors deviate from the accepted medical practice that cause injury or death. A successful malpractice lawsuit could provide compensation for future and past medical expenses, lost earnings as well as loss of consortium and suffering and pain.

Medical Records

Medical records are an essential element of any malpractice lawsuit. They typically contain a quantity of information, ranging from initial diagnosis to treatment plans. These records contain digital images 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 if the doctor's actions were not in line with the standards of practice and caused harm.

Many healthcare facilities and hospitals are required by law to provide patients with copies of their medical records upon request. However, when a medical malpractice lawyer requests documents in connection with a potential lawsuit against a health care provider for negligence, they may experience significant administrative delays. A New York City medical negligence lawyer who is committed and knowledgeable can get these records as quickly as possible.

The statute of limitations is a limitation of time within which a medical malpractice claim must be filed. In New York this means you only have two and one quarter years to file a lawsuit beginning from when the act, omission, or failure caused harm to you.

Your lawyer must gather as much evidence as possible in the early stages of your medical malpractice case as possible. This includes all your medical records including the information mentioned above as well as hospital invoices, eyewitnesses' declarations as well as photos of your injuries.

Expert Witnesses

Medical malpractice cases typically require the involvement of experts as witnesses. They are typically medical professionals who have the ability to provide an opinion on the situation and whether negligence occurred or not. They are usually called upon to review the medical records in a case and they may also be required to testify in person at the trial.

A surgeon assistant, nurse, physician, doctor, or other healthcare worker with a high level of education and practical experience can be an expert witness. They can help explain complex medical aspects of a case so that jurors can better comprehend the claims.

An expert's opinion from a medical professional can be an effective tool in showing that the defendant has violated their duty of caring and caused you harm. It is important to understand that medical experts are required to take an oath of only providing evidence they believe to be authentic. They can be held liable for statements which are later found to be false, and it is crucial to only hire experts who are trustworthy and reliable.

An experienced attorney for malpractice can evaluate a case and determine whether an expert witness is required. In certain cases an expert's report may not be necessary since medical records demonstrate that a healthcare worker made an error that caused your injury.

Depositions

A credible witness can establish that a medical professional did not fulfill his or obligation to care. Your malpractice lawyer will be able to locate witnesses, like pharmacists or nurses who were in the operating room or who observed the negligent act from an alternate location. They can be deposed and Malpractice Attorney may provide valuable evidence to support your claim.

Your New York malpractice lawyer may be able of recovering a variety types of damages on your behalf if you prevail in your case. They include reimbursement for actual financial losses, including medical expenses and lost wages, and non-economic damages that are more subjective, such as pain and suffering, loss of enjoyment of life, disfigurement, emotional or mental distress.

Certain states limit the amount the patient could receive as a result of a medical malpractice lawsuit. Your lawyer can explain the implications of this on your case.

While the consequences of a medical error may be devastating, thousands of people can claim compensation from healthcare providers as well as the hospitals or clinics in which they work. A New York medical malpractice lawyer will have the knowledge, resources and experience to make a convincing claim for you and your family.

Trial

A variety of injuries may result from a mistake in prescribing or dispensing medication. An error in administering blood thinners to patients at risk of stroke could cause fatal injury. New York attorneys at Duffy & Duffy can file malpractice lawsuits against pharmacists, doctors, and optometrists for knowingly prescribing medications that can cause serious injury.

Even after a medical expert testifies that a healthcare provider was not up to the standard of care, proving the care provider's actions contributed to the victim's injury can be a challenge. A seasoned malpractice lawyer will apply hospital or doctor's policies as well as protocols and guidelines to build a case that shows the defendant's negligence.

Many medical malpractice lawsuits settle before trial. An experienced attorney is prepared to take your case to the court if the insurance company does not agree to a fair settlement during pretrial negotiations, or a jury verdict would result in a bigger damage award. A medical malpractice attorney could choose to appeal a lower court decision, depending on the merits and importance of your case. The process can be long and may require expert witnesses. However, it can be an important step to make sure your case gets an impartial hearing.