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

Medical malpractice cases can be among the most difficult and complicated to get. Fortunately, top New York malpractice lawyers know how to navigate these cases successfully.

Medical malpractice occurs when a doctor breaks from accepted medical practice and causes injury or even death. A malpractice lawsuit that is successful may pay compensation for the past and future medical expenses, lost wages and consortium and suffering and pain.

Medical Records

Medical records are an important element of any malpractice lawsuit. Medical records contain an array of information which range from the initial diagnosis and treatment plans. Most often, they include digital images of the patient, surgical reports, flowsheets from operations or intensive care units, EKG tracings, informed consent forms and other relevant documents. These documents can aid a malpractice lawyer determine whether the actions of a physician fell below the standard of care and caused harm.

Many healthcare facilities and hospitals are required to supply copies of patients' medical records on request. However, if a medical malpractice lawyer requests documents as part of an upcoming lawsuit against a health care provider for negligence, they may face significant administrative delays. An experienced and dedicated New York City medical malpractice lawyer can obtain these records quickly and efficiently.

The statute of limitations is a time period within which a medical malpractice claim must be filed. In New York, this means that you only have two and one-half years from the date of the act, omission or failure that led to your injury to pursue a lawsuit.

During the early stages of a claim for medical malpractice, your lawyer will need as much evidence as possible. This includes any and all of your medical documents, including the mentioned information as well as hospital bills, eyewitness accounts and photographs of your injuries.

Expert Witnesses

Expert witnesses are often needed in medical malpractice cases. These are usually medical professionals who can provide an opinion from a medical professional regarding the case, including whether negligence occurred or not. They are usually asked to look into the medical records of a case and might be required to testify during the trial.

A surgeon assistant, nurse doctor, surgeon assistant, wiki.team-glisto.com or any other healthcare professional who has a solid training and experience could be an expert witness. They can assist jurors to understand the complex medical aspects of a case.

If the testimony of a medical professional is presented in court, it can be a powerful tool used to prove the defendant breached their duty of care and caused harm in the process. These experts are legally required to swear that they only provide the information they believe to be accurate. They can be held liable for wrongful statements that are proven to be false, so it is essential to only employ experts who are reliable and trustworthy.

An experienced malpractice lawyer can review a case and determine whether an expert witness is needed. In certain cases, the expert's testimony is not necessary because the medical records are clear and show that the physician or healthcare worker made a mistake that lead to your injury or additional illness.

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 to identify witnesses like nurses, pharmacists, radiology technicians doctors who have read test results ambulance attendants, or other health professionals who were in the operating room at the time of the negligent act, or who witnessed it from a different location. Witnesses can be questioned and can provide vital information to back your case.

Your New York malpractice lawyer may be able to recover several kinds of damages on your behalf if you win your lawsuit. You may be able to recover your actual financial losses, including medical bills and lost wages. Non-economic damages are also available, including suffering and pain, loss of enjoyment of life, disfigurement and emotional or mental distress.

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

Although the impact of a medical error could be catastrophic, many are able to seek compensation from the clinics or healthcare providers where they work. A New York medical malpractice lawyer can offer the expertise, resources and experience to create a solid claim for you and your family.

Trial

A variety of injuries can result from a mistake in prescribing or dispensing medication. A mistake when administering blood thinners to patients who are at risk of stroke can be fatal. Duffy & Duffy, New York lawyers can bring malpractice suits against pharmacists and doctors who have prescribed drugs that cause severe injuries.

Even if a medical expert certifies that a healthcare provider did not meet the standard of care, proving that the doctor's actions are accountable for the victim's injuries may be difficult. A competent malpractice lawyer can make use of the hospital's 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 skilled lawyer should be prepared to take your case to trial when the insurance company is refusing to pay a fair settlement amount in the course of negotiations prior to trial or if a jury's verdict is more likely to result in a larger damage award. Based on the strength of your case a medical malpractice lawyer may be able to seek an appeal in which the higher court reviews a lower court's decision. This procedure can be lengthy and requires expert witnesses. It can be a crucial element in ensuring that your case is heard fairly.