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

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

Malpractice occurs when doctors stray from accepted medical practices which can result in injury or death. A malpractice lawsuit that is successful will provide compensation to cover past and future medical expenses, lost wages and consortium, as well as pain and suffering.

Medical Records

Medical records are an essential part of any medical malpractice case. They usually contain a large amount of information, ranging from initial diagnosis to treatment plans. The majority of them contain digital images of the patient and their surgical reports, flowsheets from operations or intensive care units, EKG tracings, malpractice informed consent forms and other pertinent documents. These records can help an attorney for malpractice determine if the actions of a doctor fell below the standard of care and triggered harm.

Many healthcare facilities and hospitals are required by law to provide patients with copies of their medical records upon request. However, if an attorney for medical malpractice requests documents as part of a potential lawsuit against an healthcare provider for negligence, they could be faced with significant administrative issues. A knowledgeable and experienced New York City medical malpractice attorney can help obtain these records quickly and efficiently.

A medical malpractice claim must be filed within a specific time period, also known as the statute of limitations. In New York, this means that you have only two and one-half years from the date of the act or the omission or mistake that led to your injury to file a lawsuit.

In the beginning stages of a medical malpractice case the lawyer will require as much evidence as possible. This includes all of your medical records, including the above information along with hospital invoices, eyewitnesses statements and photographs of your injuries.

Expert Witnesses

Expert witnesses are frequently required in medical malpractice cases. These are usually medical professionals who can offer an opinion of a doctor regarding the incident, indicating whether negligence occurred or not. They are frequently asked to look over the medical documents of a case, and may be required to give testimony during the trial.

A surgeon assistant, nurse doctor, surgeon assistant, or other healthcare worker with extensive training and practical experience can be an expert witness. They can help the jury comprehend the complicated medical aspects of a case.

When the testimony of a medical expert is presented in court, it could be a powerful tool used to establish that the defendant has violated their duty of care and caused you harm as a result. It is important to note that medical experts are required to take an oath to only provide information they believe to be truthful. They can be held liable for statements that are found to be untrue, which is why it is essential 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 required. In some instances, an expert's testimony may not be needed because the medical records clearly show that a doctor or healthcare worker made an error that led to your injury.

Deposits

Having reliable witness testimony can prove that the medical provider failed to meet his or her obligation of care. Your malpractice lawyer will be able to locate witnesses, like nurses or pharmacists who were present in the operating room, or who witnessed the negligence from a different location. These witnesses can be interviewed, and provide valuable information to back your claim.

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

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

Although the impact of a medical error can 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 negligence lawyer can provide you with the tools, resources and experience required to construct a strong case for you and your loved ones.

Trial

Due to an error in the prescribing or dispensing of medication, patients may suffer many kinds of injuries. A mistake in the administration of blood thinners for patients at high risk of sustaining strokes could cause fatal injury. New York attorneys at Duffy & Duffy can make malpractice claims against pharmacists, doctors and optometrists for wrongfully prescribing drugs that cause severe injuries.

Even after a medical expert declares that a healthcare professional was not up to the standard of care, proving that the healthcare provider's actions led to the victim's damage can be a challenge. A skilled malpractice attorney 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 before trial. An experienced lawyer will be able to present your case to court if an insurance company does not agree to a fair settlement during negotiations before trial, or if jury verdict would result in a greater damage award. A medical malpractice lawyer could choose to appeal a lower court decision, depending on the strength and merits of your case. The process can be long and requires expert testimony. However, it can be crucial to ensure that your case gets an honest hearing.