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

Medical malpractice cases can be among the most difficult and complex to be successful. Fortunately, the best New York malpractice lawyers know how to navigate these cases successfully.

Malpractice occurs when a physician departs from accepted medical practices and causes injury or even death. A successful malpractice lawsuit could be a source of compensation for the past and future medical expenses, lost earnings lost consortium, and pain and suffering.

Medical Records

Medical records are an important element of any malpractice lawsuit. They often contain a deal of information, from initial diagnoses to treatment plans. Most often, they include digital images of the patient, surgical reports, flowsheets from intensive care or operations units, EKG tracings, informed consent forms and other relevant documents. These records can assist a malpractice lawyer determine whether the actions of a doctor were not up to the norm of care and caused harm.

Many hospitals and healthcare providers are legally required to provide patients with copies of their own medical records upon request. However, if a medical malpractice lawyer requests documents as part of a potential lawsuit against medical professionals for negligence, they may experience significant administrative delays. A skilled and dedicated New York City medical malpractice attorney can help obtain these records quickly and efficiently.

The statute of limitations is a time limit within which a medical negligence claim must be filed. In New York this means you have two and a quarter years to file a lawsuit from the date of the incident or omission caused you harm.

In the beginning of a claim for medical malpractice Your lawyer will require as much evidence as they can. This includes all your medical records including the information above and hospital invoices, eyewitnesses statements and photographs of your injuries.

Expert Witnesses

Medical malpractice cases typically require the use of experts as witnesses. These are usually medical professionals that can provide a medical opinion about the case, including whether negligence occurred or not. They are usually called upon to review the medical records in a case and they might also be required to appear in person during the trial.

An expert witness can be a nurse, surgeon's assistant, doctor, physician or any other healthcare professional who has significant educational and practical experience in the medical field. They can assist in explaining the complex medical aspects of a claim so that the jury can better understand the claims.

A medical expert's report can be an effective tool in proving that the defendant violated their duty of caring and caused you harm. These experts are required by law to swear to only present evidence they believe to be true. They are accountable for false claims that are later proven to be false, therefore it is essential to select experts who are trustworthy and reliable.

An experienced malpractice lawyer can review a case and determine if an expert witness is required. In some cases, an expert's testimony may not be necessary because medical records show that a physician or healthcare worker made a mistake which led to your injury.

Depositions

A reliable witness can establish that a medical provider did not fulfill his or duty of care. Your malpractice lawyer might be able locate witnesses such as pharmacists, nurses, radiology technicians, doctors who read test results ambulance attendants and other health care professionals who were in the operating room at the time of the wrongful act or who witnessed it from another location. They are able to be deposed and may provide valuable details to support your case.

Your New York malpractice lawyer may be able to recover several kinds of damages on your behalf if you prevail in your lawsuit. You can seek to recover your real financial losses such as medical bills and lost wages. Other damages are also available, including suffering and pain, loss of enjoyment of life, disfigurement, and mental or emotional distress.

Certain states have caps on the total amount patients can be awarded in a medical malpractice suit. Your attorney can explain the implications of this on your case.

Although the repercussions of a medical error may be devastating, many people are able to seek compensation from the healthcare providers or clinics in which they work. A New York medical malpractice lawyer can provide the skills as well as the resources and expertise to build a strong claim for you and your family.

Trial

A variety of injuries may result from an error in prescribing or dispensing medication. An error in administering blood thinners to those at risk of stroke can cause fatal injury. New York attorneys at Duffy & Duffy can assert malpractice lawsuits against pharmacists, doctors and optometrists who have wrongly prescribed drugs that cause severe injury.

Even after a medical professional affirms that a healthcare provider didn't meet the standard of care, proving that the care provider's actions contributed to the victim's injuries can be a challenge. A competent malpractice lawyer can rely on the hospital or doctor's policies, protocols and malpractice lawyer guidelines to create a case that establishes the defendant's negligence.

Many medical malpractice lawsuits settle before trial. However, a knowledgeable attorney should be ready to take your case to trial in the event that the insurance company refuses to pay a fair settlement amount in the course of negotiations prior malpractice Lawyer to trial or a jury verdict is more likely to result in a higher damage award. Based on the strengths of your case a medical malpractice lawyer may also decide to pursue an appeal of the case, in which an appeals court will review a lower court's decision. This process can be time-consuming and requires expert witnesses. However, it's an important step to make sure your case receives a fair hearing.