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

Medical malpractice cases are among the most difficult and difficult to win. Top New York malpractice attorneys know how to navigate these cases.

Malpractice occurs when a physician breaks from accepted medical practice and causes injury or even death. A malpractice lawsuit that is successful will be able to recover compensation for past and future medical expenses, lost wages, consortium and suffering and pain.

Medical Records

Medical records are an essential part of any medical negligence case. They usually contain a large amount of information, from initial diagnosis to treatment plans. These records contain digital images of patients flowsheets for surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These records can be utilized by lawyers to determine whether a doctor's actions were below the standard of practice and caused harm.

Many healthcare facilities and hospitals are required to supply copies of medical records on request. When a medical malpractice lawyer seeks records as part of an upcoming lawsuit, they could experience significant administrative delays. An experienced and dedicated New York City medical malpractice attorney can work to obtain these records quickly and efficiently.

A medical malpractice lawsuit must be filed within the specified time frame, which is known as the statute of limitations. In New York this means you have just two and a quarter years to file a claim from when the act, omission, or failure caused harm to you.

Your lawyer should gather as much evidence as possible in the beginning stages of a medical malpractice case as possible. This would include all of your medical records, including the aforementioned information along with eyewitness statements, hospital bills, and photographs of your injuries.

Expert Witnesses

Expert witnesses are typically required in medical malpractice cases. They are typically medical professionals who can provide an opinion on the medical aspect of the case, including whether negligence occurred or not. They are often asked to review the medical records of a case and might be required to testify at the trial.

A surgeon assistant, nurse doctor, surgeon assistant, or other healthcare worker with significant training and experience could be an expert witness. They can help the jury to understand the complex medical aspects of a claim.

If the testimony of a medical professional is presented in court, it could be an effective tool to show that the defendant violated their duty of care and caused harm in the process. They are legally bound to only give the information they believe to be true. It is essential to only work with experts who can be trusted and have a track record of reliability.

An experienced malpractice lawyer can review a case and determine whether an expert witness is required. In certain cases an expert's testimony might not be required because the medical records clearly demonstrate that a healthcare worker made an error that led to your injury.

Depositions

A credible witness can help determine that a medical professional did not meet his or her duty of care. Your malpractice lawyer can find witnesses, like nurses or pharmacists who were in the operating room or who observed the negligent act from another location. They can be deposed and can provide valuable information to help you prove your claim.

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

Some states cap the amount a patient may receive for a medical malpractice lawsuit. Your lawyer can explain how this affects your case.

While the experience of a medical error could be devastating, thousands of people are able to recover compensation from healthcare providers as well as the hospitals or clinics where they work. A New York medical negligence lawyer can provide you with the tools, resources and expertise needed to build an impressive case for you and your loved ones.

Trial

As a result of an error in prescribing or dispensing of medication patients can suffer numerous injuries. For instance, a mistake when administering a blood thinner to patients who are already at risk for strokes could be fatal. Duffy & Duffy, New York lawyers, can file malpractice suits against pharmacists and doctors who prescribe medications that cause serious injury.

Even if a medical professional confirms that a healthcare professional was not in compliance with the standard of care, proving that the provider's actions were responsible for the victim's injuries may be difficult. A competent malpractice lawyer can use hospital or physician's policies, protocols and guidelines to build an argument that proves defendant's negligence.

Many medical malpractice lawsuits settle prior to trial. However, a seasoned attorney should be ready to take your case to trial when the insurance company is refusing to settle a fair settlement amount in the course of negotiations prior to trial or if a jury verdict is more likely to result in a larger damage award. An attorney who is a medical professional might decide to appeal a lower court decision, based on the strength and value of your case. This process can be lengthy and may require expert witnesses. However, it's an important step to ensure your case gets a fair hearing.