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

Medical malpractice claims are among the most difficult and complicated to get. Top New York malpractice attorneys know how to win these cases.

Malpractice occurs when a physician breaks from accepted medical practice and causes injury or death. A malpractice lawsuit that is successful could offer compensation to pay for past and future medical expenses, lost wages, consortium and suffering and pain.

Medical Records

Medical records are an essential element of any malpractice lawsuit. They often contain a great amount of information, ranging from initial diagnoses to treatment plans. These records contain digital images of patients, surgical reports, flowsheets for intensive care units or operations, EKG tracings and other relevant documents. These records can be used by a lawyer to determine whether a doctor's actions were not within the norms of practice, and caused harm.

Many hospitals and healthcare providers are required by law to provide patients with copies of their own medical records upon request. However, if medical malpractice lawyers request documents as part of a possible lawsuit against an healthcare provider for negligence, they could face significant administrative delays. A New York City medical negligence attorney who is dedicated and knowledgeable can obtain these records swiftly.

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

Your lawyer will need to collect as much evidence as possible during the initial stages of your medical malpractice case. This includes all medical documents, including the above information as well as hospital bills, eyewitness testimony, and photographs of your injuries.

Expert Witnesses

Medical malpractice cases often require the use of expert witnesses. They are typically medical professionals who have the ability to provide an opinion about the case and whether negligence took place. They are often called upon to examine the medical records of a case, and they might also be required to appear in person during the trial.

A nurse, surgeon assistant physician, doctor or any other healthcare professional with a high level of education and practical experience can be an expert witness. They can assist in explaining the complex medical aspects of a claim so that jurors can better comprehend their role.

If the testimony of a medical professional is presented in court, it can be a powerful tool to establish that the defendant has violated their duty of care and caused you harm in the process. Experts are legally required to swear to only provide the information they believe to be accurate. They could be held accountable for false claims that are later proven to be false, so it is crucial to only employ experts who are reliable and trustworthy.

An experienced attorney for malpractice will evaluate a case and determine whether an expert witness is needed. In some instances, the expert's testimony is not necessary because the medical records are clear and prove that the physician or healthcare worker made a mistake that led to your injury or health issues.

Depositions

A reliable witness testimony can help establish that the medical professional did not to fulfill his duty of care. Your malpractice lawyer might 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 another location. They can be deposed and provide crucial evidence to support your claim.

Your New York malpractice lawyer may be able to recover several types of damages on your behalf if you win your case. You can recover your actual financial losses, such as medical bills and lost wages. Non-economic damages are also offered, including pain and suffering, loss enjoyment of life, disfigurement or emotional or mental distress.

Certain states impose caps on the amount the patient could receive in a medical malpractice lawsuit. Your attorney can explain how this affects your case.

While the consequences of a medical error could be devastating, thousands of people are able to recover compensation from healthcare providers and the hospitals or clinics in which they work. A New York medical negligence lawyer can provide you with the resources, knowledge and expertise needed to build a solid case for yourself and your loved family members.

Trial

Many injuries can result from an error in prescribing or dispensing medication. For instance, a lapse when administering a blood thinner to patients who are already at risk of suffering strokes can result in fatal. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against doctors and pharmacists who have prescribed drugs that cause severe injury.

Even if a medical expert states that a healthcare practitioner failed to meet the standard of care, proving that the actions of the provider caused the victim's damage can be difficult. A seasoned malpractice lawyer will apply hospital or doctor's policies guidelines, protocols, and other documents to present a case which shows the defendant's negligence.

Many medical malpractice lawsuits settle before trial. Nevertheless, an experienced lawyer should be prepared to take your case to trial in the event that the insurance company refuses to pay a fair settlement amount during pretrial negotiations or a jury verdict is more likely to result in a larger damages award. A medical malpractice lawyer could choose to appeal a lower court's decision, based on the strength and worth of your case. This is a lengthy process and requires the involvement of expert witnesses. It is an important step to make sure your case receives an honest hearing.