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

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

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

Medical Records

Medical records are a critical element of any medical malpractice case. They often contain a deal of information, from initial diagnoses to treatment plans. Typically, these include digital images of the patient, surgical reports, flowsheets from operations or intensive care units, EKG tracings, informed consent forms and other pertinent documents. These documents can help an attorney who is a victim of malpractice determine if the actions of a doctor were not up to the standard of care and triggered harm.

Many hospitals and healthcare providers are legally required to provide patients with copies of their medical records upon request. However, when medical malpractice lawyers request records in the context of an upcoming lawsuit against an healthcare provider for negligence, they may encounter significant administrative delays. A skilled and dedicated New York City medical malpractice attorney can get the records quickly and efficiently.

A medical malpractice lawsuit must be filed within a specified time frame, known as the statute of limitations. In New York this means you only have two and one quarter years to file a lawsuit beginning from the date of the incident, omission, or failure caused harm to you.

Your lawyer should gather as much evidence as they can in the beginning stages of your medical malpractice claim. This includes any and all medical records, including the aforementioned information along with hospital bills, eyewitness accounts as well as photographs of your injuries.

Expert Witnesses

Medical malpractice cases often require the use of expert witnesses. They are usually medical professionals with the capacity to give an opinion regarding the case and whether negligence occurred or not. They are frequently asked to look over the medical records in a case and they might also be required to testify personally during the trial.

A surgeon assistant, nurse physician, doctor or Malpractice any other healthcare professional with a high level of training and practical experience can be an expert witness. They can help the jury be able to comprehend the medical aspects involved in the case.

When the testimony of a medical specialist is presented in court, it can be a powerful tool to establish that the defendant has violated their duty of care and caused you harm in the process. These experts are legally bound to only give information they believe to be accurate. It is important that you only work with experts you can trust and who are reliable.

A skilled lawyer who is experienced in malpractice cases can assess the case and determine whether an expert witness is required. In some instances, the expert's testimony is not necessary because the medical records are clear and prove that the healthcare professional made a mistake that led to your injury or illness.

Depositions

A credible witness can prove that a medical professional didn't fulfill their obligation of care. Your malpractice lawyer will be able to locate witnesses, like pharmacists or nurses who were in the operating room, or who observed the negligent act from an alternate location. Witnesses can be questioned and can provide important information to back your case.

There are various types of damages that your New York malpractice attorney may obtain on your behalf if you file an effective lawsuit. You may be able to recover your actual financial losses like medical bills and lost wages. Other damages are also available, including suffering and pain, loss of enjoyment of life, disfigurement or mental or emotional distress.

Some states cap the amount a patient may receive for a medical independence malpractice attorney lawsuit. Your attorney can explain the effect of this on your case.

Although the effects of a medical error could be devastating, many can recover compensation from the healthcare providers or clinics where they work. A New York medical malpractice lawyer will have the knowledge and resources to create a solid claim for you and your family.

Trial

Due to an error in the prescription or dispensing of medication, patients may suffer numerous injuries. An error in administering blood thinners for patients at high risk of sustaining strokes could cause death. Duffy & Duffy, New York lawyers are able to file malpractice suits against doctors and pharmacists who have prescribed 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 the provider's actions are responsible for the victim's injuries may be difficult. A seasoned malpractice lawyer will apply hospital or doctor's policies guidelines, protocols and procedures to build a case that shows the defendant's negligence.

Many medical malpractice lawsuits settle prior to trial. An experienced attorney is prepared to take your case to court if an insurance company refuses a reasonable settlement during negotiations prior to trial, or if a jury verdict could result in a bigger damages award. An attorney for medical malpractice could choose to appeal a lower court's decision, depending on the strength and merits of your case. This is a lengthy process and requires the involvement of experts. However, it can be crucial to ensure that your case gets an impartial hearing.