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

Medical malpractice claims are among the most complex and difficult to win. Fortunately, top New York malpractice lawyers know how to handle these cases successfully.

Malpractice happens when a doctor breaks from accepted medical practice and results in death or injury. A successful malpractice lawsuit could pay for past and future: medical expenses, lost earnings as well as loss of consortium and pain and suffering.

Medical Records

Medical records are an essential element of any malpractice lawsuit. Medical records can include a lot of information which range from the initial diagnosis and treatment plans. They include digital photographs of patients flowsheets for surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These records can help a malpractice lawyer determine whether the actions of a doctor fell below the standard of care and triggered harm.

A lot of hospitals and healthcare providers have to provide copies of medical records upon request. However, if a medical malpractice lawyer requests documents as part of an upcoming lawsuit against the health care provider for negligence, they may be faced with significant administrative issues. A dedicated and experienced New York City medical malpractice attorney can help obtain these records quickly and efficiently.

A medical malpractice case must be filed within a certain time frame, known as the statute of limitations. In New York, this means that you only have two and one-half years from the date of the act or the omission or mistake which caused you to make a claim.

In the initial stages of a medical malpractice claim the lawyer will require as much evidence as possible. This includes all your medical records including the information above as well as hospital invoices, eyewitnesses' testimony as well as photos of your injuries.

Expert Witnesses

Expert witnesses are often needed in medical malpractice law firm cases. They are typically medical professionals who have the ability to provide an opinion regarding the case and whether negligence was involved. They are often asked to review medical files of a case. They also might be required to give testimony during trial.

An expert witness can be a surgeon's assistant, doctor, physician, or any other healthcare professional who has extensive educational and practical experience in the medical field. Expert witnesses can help explain the complicated medical aspects of a case so that the jury can better understand their role.

When the testimony of a medical expert is presented in court, it could be a powerful tool used to demonstrate that the defendant did not fulfill their duty of care and caused harm in the process. These experts are required by law to swear to only give information they believe to be accurate. It is crucial to only hire experts who can be trusted and have a track record of reliability.

An experienced malpractice lawyer will evaluate a case and determine if an expert witness is needed. In some cases, an expert's testimony is not needed because the medical records are clear and prove that the physician or healthcare worker made a mistake which led to your injury or additional health issues.

Depositions

Having reliable witness testimony can help establish that the medical professional did not to meet his or her obligation of care. Your malpractice lawyer might be able find witnesses such as nurses, pharmacists radiology technicians doctors who read test results ambulance attendants, or other health care professionals who were in the operating room at the time of the negligent act, malpractice lawyer or witnesses from a different location. These witnesses can be deposed, and provide valuable information to prove your case.

Your New York malpractice lawyer may be able to recover a variety of types of damages on your behalf if you win your case. You can seek to recover your real financial losses such as medical bills and lost wages. Additionally, non-economic damages are available, including pain and suffering, loss enjoyment of life, disfigurement, and emotional or mental distress.

Some states cap the amount of money the patient could receive as a result of a medical malpractice lawsuit. Your lawyer will explain the impact of this on your case.

While the consequences of a medical error may be devastating, a lot of people can claim compensation from healthcare providers as well as the clinics or hospitals where they work. A New York medical malpractice lawyer can offer the expertise, resources and experience necessary to present a compelling claim for you and your family.

Trial

A variety of injuries could result from an error in prescribing or dispensing medication. For instance, a misstep when administering a blood thinner to patients who are already at risk of having strokes can be fatal. New York attorneys at Duffy & Duffy can assert malpractice claims against pharmacists, doctors and optometrists for knowingly prescribing drugs that cause severe injuries.

Even if a medical expert certifies that a healthcare provider did not meet the standards of care, proving the healthcare provider's actions are responsible for the victim's injuries can be difficult. A competent malpractice lawyer can rely on the hospital or physician's policies, protocols and guidelines to construct a case that proves the defendant's negligence.

Many medical malpractice cases settle prior to trial. However, a knowledgeable lawyer should be prepared to bring your case to trial when the insurance company is refusing to pay a reasonable settlement amount in the course of negotiations prior to trial or if a jury verdict is more likely to result in a greater damage award. Based on the strengths of your case a medical malpractice lawyer may be able to seek an appeal process, where a higher court reviews a lower court's decision. This procedure is lengthy and requires the involvement of expert witnesses. However, it can be an important step to make sure your case is given an impartial hearing.