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

Medical malpractice cases can be among the most difficult and complex to get. Top New York malpractice attorneys know how to handle these cases.

Malpractice occurs when a physician is not following accepted medical procedures and results in injury or death. A malpractice lawsuit that is successful will pay compensation for future and past medical expenses, lost wages and consortium in addition to pain and suffering.

Medical Records

Medical records are an essential part of any medical malpractice case. They often contain a amount of information, from initial diagnosis to treatment plans. Most often, they include digital images of the patient flowsheets, surgical reports, from intensive care or operations units, EKG tracings, informed consent forms and other pertinent documents. These records can be used by a lawyer to determine if a doctor's actions were below the standard of practice and harmed.

Many healthcare providers and hospitals have to provide copies of patients' medical records upon request. If a medical professional seeks records as part of an upcoming lawsuit, they may experience significant administrative delays. A skilled and dedicated New York City medical malpractice law firm attorney can work to obtain the records quickly and efficiently.

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

In the beginning of a medical malpractice claim Your lawyer will require the most evidence possible. This includes any and all medical documents, including the above information and hospital bills, eyewitness accounts and photos of your injuries.

Expert Witnesses

Expert witnesses are usually required in medical malpractice cases. They are typically medical professionals who have the ability to provide an opinion about the case and whether negligence took place. They are often asked to look over the medical documents of a case, and might be required to give testimony during trial.

An expert witness could be a nurse, surgeon's assistant, a doctor, a physician or any other healthcare worker who has a significant amount of education and practical experience in the medical field. They can assist in explaining the complex medical aspects of a case to help the jury better understand them.

If the testimony of a medical professional is presented in court, it could be a powerful tool used to prove the defendant breached their duty of care and caused harm in the process. They are legally required to swear to only give evidence they believe to be accurate. It is crucial to only hire experts who are trustworthy and who are reliable.

A seasoned lawyer who specializes in malpractice cases can review the case and determine whether an expert witness is required. In certain cases, an expert's testimony may not be needed because the medical records clearly demonstrate that a healthcare worker committed a mistake which led to your injury.

Deposits

Witness testimony from a credible source can establish that the medical professional failed to fulfill his or her duty of care. Your malpractice lawyer might be able find witnesses such as 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 wrongful act or who witnessed it from a different location. They are able to be deposed and can provide important details to support your case.

Your New York malpractice lawyer may be able to recover several kinds of damages on your behalf if you win your lawsuit. They include reimbursement for actual financial losses, including medical expenses and lost wages, as well as non-economic damages that are more subjective, such as pain and suffering and loss of enjoyment life, malpractice lawyer disfigurement, emotional or mental distress.

Certain states limit the amount of money patients can receive for a medical malpractice suit. Your attorney can explain how this affects your case.

Although the effects of a medical error may be devastating, many can recover compensation from the clinics or healthcare providers in which they work. A New York medical negligence lawyer can provide you with the tools, resources and expertise needed to build an impressive case for you and your loved family members.

Trial

Due to an error in the prescription or dispensing of medication, patients can suffer numerous injuries. A mistake when administering blood thinners to those at risk of stroke could cause death. New York attorneys at Duffy & Duffy can bring malpractice claims against doctors, pharmacists and optometrists for knowingly prescribing medications that can cause serious injury.

Even if a medical expert states that a health care provider did not meet the standard of care, proving that the doctor's actions are accountable for the victim's injuries can be difficult. A skilled malpractice lawyer can apply hospital or doctor's policies as well as protocols and guidelines to create a case that proves the defendant's negligent.

Many medical malpractice cases settle prior to trial. However, a skilled lawyer should be prepared to take your case to trial in the event that the insurance company refuses to settle for a fair amount during pretrial negotiations or if a jury verdict more likely to result in a bigger damages award. Based on the strength of your case a medical malpractice lawyer could also decide to pursue an appeal process, where an upper court reviews a lower court's decision. This process can be time-consuming and involves expert witnesses. It is a crucial step to ensure that your case is heard with respect.