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

Medical malpractice claims are among the most difficult and complicated to win. Fortunately, the top New York malpractice lawyers know how to navigate these cases successfully.

Medical malpractice occurs when doctors deviate from accepted medical practices, causing injury or death. A malpractice lawsuit that is successful can be able to recover compensation for future and past medical expenses, lost wages, consortium as well as pain and suffering.

Medical Records

Medical records are an essential component of any medical malpractice case. Medical records can contain a lot of information which range from the initial diagnosis and malpractice lawsuit treatment plans. The majority of them contain digital images of the patient, surgical reports, flowsheets from operations or intensive care units, EKG tracings, informed consent forms and other pertinent documents. These records can assist an attorney who is a victim of malpractice determine if a doctor's actions fell below the standards of care and caused harm.

Many hospitals and healthcare providers are required by law to provide patients with copies of their medical records upon request. When a medical malpractice lawyer requires records as part of the possibility of a lawsuit, they could experience significant administrative delays. A New York City medical negligence attorney who is committed and knowledgeable can get these records in a short time.

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

Your lawyer will need to gather as much evidence in the initial stages of your medical malpractice claim. This includes all of your 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 experts as witnesses. They are typically medical professionals who are able to provide an opinion of a doctor regarding the incident, indicating whether negligence took place or not. They are often called upon to examine the medical records of a case, and they could also be required to appear in person during the trial.

A surgeon assistant, nurse physician, doctor or other healthcare worker with extensive training and practical experience can be an expert witness. They can assist in explaining the complex medical aspects of a case to allow the jury to better comprehend the claims.

When a medical expert's testimony is presented in court, it can be an effective tool to prove the defendant breached their duty of care and caused you harm in the process. Experts are legally bound to only provide information they believe is accurate. They could be held accountable for false claims that are proven to be false, so it is essential to only hire experts who are reliable and trustworthy.

An experienced lawyer who is skilled in malpractice cases can review the situation and determine if an expert witness is required. In some cases an expert's opinion may not be necessary since the medical records clearly show that a healthcare professional made an error that led to your injury.

Deposits

A credible witness can help prove that a medical professional did not fulfill his or obligation to care. Your malpractice lawyer may be able to locate 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 may provide valuable information to back your case.

There are several types of damages that your New York malpractice attorney may obtain on your behalf if you file a successful lawsuit. This includes reimbursement for your actual financial losses, like medical expenses and lost wages, as well as non-economic damages that are more subjective, like pain and suffering as well as loss of enjoyment of life disfigurement, emotional or mental distress.

Certain states have caps on the total amount a patient can receive in a lawsuit for medical malpractice. Your attorney can explain how this impacts your case.

Although the repercussions of a medical error may be catastrophic, many are able to seek compensation from the healthcare providers or clinics in which they work. A New York medical malpractice lawyer can offer the expertise, resources and experience to create a solid claim for you and your family.

Trial

Due to an error in the prescribing or dispensing of medication, patients can suffer various injuries. For instance, a mistake when administering a blood thinner to patients who are already at risk of suffering a stroke can be deadly. New York attorneys at Duffy & Duffy can file malpractice lawsuits against pharmacists, doctors and optometrists for wrongfully prescribing drugs that lead to severe injuries.

Even if a medical expert states that a health care provider did not meet the standards of care, proving the provider's actions caused the victim's injuries can be difficult. A skilled attorney for malpractice can make use of the hospital's or doctor's policies, protocols, and guidelines to help build an argument that proves the defendant's incompetence.

Many medical malpractice lawsuits settle prior to trial. An experienced lawyer is prepared to present your case in the court if the insurance company is unwilling to accept a reasonable settlement during negotiations before trial, or if jury verdict would result in a greater damage award. A medical malpractice lawyer could decide to appeal a lower court's decision, based on the strength and merits of your case. The process can be long and may require expert witnesses. However, it can be essential to ensure your case gets a fair hearing.