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

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

Malpractice occurs when a physician does not follow accepted medical practices and results in death or injury. A successful malpractice lawsuit could pay for future and past medical expenses, lost wages, loss of consortium, and suffering and suffering.

Medical Records

Medical records are a critical part of any medical negligence case. Medical records can include many details including initial diagnoses and malpractice treatment plans. They include digital photographs of patients, flowsheets for surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These records can help an attorney for malpractice to determine whether the actions of a physician fell below the norm of care and caused harm.

Many healthcare providers and hospitals are required to provide copies of patients' medical records on request. However, when medical malpractice lawyers request documents as part of the possibility of suing medical professionals for negligence, they could experience significant administrative delays. A knowledgeable and experienced New York City medical malpractice attorney can get these records quickly and efficiently.

The statute of limitations is a time limit within which a medical malpractice claim has to be filed. In New York, this means that you have only two and a half years from the date of the act, omission or failure that led to your injury to pursue a lawsuit.

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

Expert Witnesses

Expert witnesses are typically required in medical malpractice cases. These are generally medical professionals who can provide an opinion from a medical professional regarding the case, including whether negligence took place or not. They are frequently asked to review medical evidence of a case and may be required to give testimony during trial.

A surgeon assistant, nurse, physician, doctor, or any other healthcare professional with a high level of 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 understand their arguments.

When the testimony of a medical expert is presented in court, malpractice it can be an effective tool to prove the defendant breached their duty of care and caused you harm in the process. These experts are legally bound to only provide evidence they believe to be accurate. They are accountable for wrongful statements that are later proven to be false, and it is important to only select experts who are reliable and trustworthy.

An experienced malpractice lawyer can evaluate a case and determine whether an expert witness is needed. In some cases an expert's opinion may not be needed because medical records show that a doctor or healthcare worker committed an error that led to your injury.

Depositions

A credible witness can help determine that a medical professional didn't fulfill their obligation to care. Your malpractice lawyer might be able locate witnesses such as nurses, pharmacists, radiology technicians doctors who have read test results ambulance attendants and other health professionals who were in the operating room at the time of the negligent act, or witnesses from a different location. Witnesses can be questioned and provide important information to back your claim.

There are a variety of damages that your New York malpractice attorney may get on your behalf in the event of a successful lawsuit. These include compensation for actual financial losses, like medical expenses and lost wages, and non-economic damages that are more subjective, like pain and suffering as well as loss of enjoyment of life, disfigurement, mental or emotional anguish.

Some states cap the amount of money the patient could receive as a result of a medical malpractice lawsuit. Your attorney can explain how this impacts your case.

While the consequences of a medical error could be devastating, many people can recover compensation from the clinics or healthcare providers 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

A variety of injuries can result from an error made in prescribing or dispensing medication. For instance, a mistake when administering a blood thinner to patients who are already at risk of having strokes can result in fatal. Duffy & Duffy, New York lawyers can bring malpractice suits against doctors and pharmacists who have prescribed drugs that cause severe injury.

Even after a medical expert affirms that a healthcare provider was not up to the standard of care, proving the actions of the provider caused the victim's damages can be challenging. A seasoned malpractice lawyer will use hospital or doctor policies guidelines, protocols and procedures to create a case that proves the defendant's negligent.

Many medical malpractice cases settle prior to trial. A seasoned attorney is able to take your case to court if the insurance provider does not agree to a fair settlement during negotiations before trial, or if jury verdict would result in a bigger damages award. An attorney who is a medical professional could choose to appeal a lower court decision, based on the merits and importance of your case. This process is time-consuming and requires the involvement of expert witnesses. It is an essential element in ensuring that your case is heard fairly.