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

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

Malpractice happens when a doctor departs from accepted medical practices and causes injury or even death. A malpractice lawsuit that is successful will provide compensation to cover the past and future medical expenses, Malpractice Lawsuits lost wages, consortium in addition to suffering and pain.

Medical Records

Medical records are an essential element of any malpractice lawsuit. They usually contain a large deal of information, from initial diagnosis 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 pertinent documents. These records can help an attorney who is a victim of malpractice determine if the actions of a physician fell below the standards of care and caused harm.

Many hospitals and healthcare providers are legally required to provide patients with copies of their medical records upon request. When a medical malpractice attorney seeks records as part of an upcoming lawsuit, they might face significant administrative delays. A New York City medical negligence lawyer who is committed and experienced can work to get these records as quickly as possible.

A medical malpractice lawsuit must be filed within a specific time frame, known as the statute of limitations. In New York, this means that you have only two and two-and-a-half years from the date of the law or error that led to your injury to pursue a lawsuit.

During the early stages of a medical malpractice case the lawyer will require as much evidence as is possible. This includes all of your medical records, including the aforementioned information along with eyewitness statements, hospital bills and photographs of your injuries.

Expert Witnesses

Medical malpractice cases typically require the involvement of expert witnesses. They are usually medical professionals who have the ability to give an opinion about the case and whether negligence occurred or not. They are usually called upon to examine the medical records of a case, and they could also be required to testify in person during the trial.

An expert witness could be a surgeon's assistant, a physician, a doctor, or any other healthcare professional with a substantial amount of educational and practical experience in the medical field. They can help explain complex medical aspects of a claim so that the jury can better comprehend the claims.

When the testimony of a medical specialist is presented in court, it can be a powerful evidence tool to show that the defendant violated their duty of care and caused you harm as a result. Experts are required by law to swear to only present evidence they believe to be accurate. They are liable for any false statements that are found to be false, so it is crucial to only hire experts who are trustworthy and reliable.

A seasoned lawyer who specializes in malpractice cases can review the case and determine if an expert witness is needed. In certain cases, the expert's testimony is not needed because the medical documents are clear and prove that the physician or healthcare professional committed a mistake that led to your injury or additional illness.

Deposits

Having reliable witness testimony can prove that the medical professional did not to perform his duty of care. Your malpractice lawyer will be able to locate witnesses, like nurses or pharmacists who were in the operating room or who observed the negligent act from an alternate location. These witnesses can be deposed and provide valuable evidence to help you prove your claim.

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

Certain states limit the amount the patient could receive as a result of a medical malpractice lawsuit. Your lawyer can explain the implications of this on your case.

Although the impact of a medical error could be traumatic, thousands of people do recover compensation from healthcare providers and the clinics or hospitals where they work. A New York medical negligence lawyer can provide you with the resources, knowledge and expertise needed to build an effective case for you and your loved ones.

Trial

A variety of injuries could result from a mistake made when prescribing or dispensing medication. An error in administering blood thinners to patients at risk of stroke can cause fatal injury. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against pharmacists and doctors who prescribe drugs that cause severe injuries.

Even after a medical professional testifies that a healthcare provider was not up to the standard of care, proving that the care provider's actions contributed to the victim's damage can be difficult. A skilled malpractice attorney can make use of the hospital's or physician's policies, protocols and guidelines to construct a case that establishes the defendant's negligence.

Many medical malpractice lawsuits settle prior to trial. An experienced attorney is prepared to present your case in court if an insurance company refuses a reasonable settlement during the pre-trial negotiations, or if a jury verdict would result in a bigger damages award. A medical malpractice attorney might decide to appeal a lower court's decision, based on the merits and importance of your case. The process can be lengthy and requires the involvement of expert witnesses. It is an important step to ensure your case receives a fair hearing.