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

Medical malpractice claims can be among the most difficult and complex to get. Top New York malpractice attorneys know how to successfully navigate these cases.

Malpractice happens when a doctor departs from accepted medical practices and results in injury or death. A malpractice lawsuit that is successful may pay compensation for the past and future medical expenses, lost wages, consortium as well as pain and suffering.

Medical Records

Medical records are a critical 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, reports on surgery, intensive care units or operations, EKG tracings and other relevant documents. These records can be used by a lawyer to determine whether a doctor's actions were below the standard of practice and harmed.

Many hospitals and healthcare providers are required by law to provide patients with copies of their medical records upon request. If a medical malpractice attorney requires records as part of the possibility of a lawsuit, they could experience significant administrative delays. A New York City medical negligence lawyer who is committed and knowledgeable can obtain these records swiftly.

A medical malpractice claim must be filed within a specified timeframe, referred to as the statute of limitations. In New York, this means that you only have two and two-and-a-half years from the date of the act, omission or Malpractice Attorneys failure which caused you to pursue a lawsuit.

In the beginning of a medical negligence claim Your lawyer will require as much evidence as possible. This includes all your medical records, including the above information and hospital invoices, eyewitnesses statements, and photos of your injuries.

Expert Witnesses

Medical malpractice cases often require the use of expert witnesses. These are usually medical professionals who can provide an opinion on the medical aspect of the situation, and whether negligence occurred or not. They are frequently asked to review medical evidence of a case and may be required to testify during the trial.

An expert witness could be a surgeon's assistant, doctor, physician or any other healthcare worker who has significant educational and practical experience in the medical field. They can help explain complex medical aspects of a claim to allow the jury to better comprehend them.

When the testimony of a medical expert is presented in court, it can be a powerful tool used to prove the defendant breached their duty of care and caused you harm as a result. Experts are required by law to swear to only present information they believe is accurate. It is essential to choose experts who can be trusted and have a track record of reliability.

A seasoned lawyer who specializes in malpractice cases will evaluate the case and determine if an expert witness is needed. In certain cases, the expert's testimony is not necessary because the medical documents are clear and prove that the doctor or healthcare professional made a mistake that lead to your injury or additional disease.

Depositions

A reliable witness can establish that a medical provider didn't fulfill their duty of care. Your malpractice lawyer can identify witnesses, like nurses or pharmacists who were in the operating room or who observed the negligent act from the other location. These witnesses can be deposed and can provide vital details to support your case.

There are many types of damages that your New York malpractice attorney may recover on your behalf in the event of a successful lawsuit. You can recover your actual financial losses, such as medical bills and lost wages. Non-economic damages are also accessible, such as suffering and pain, loss of enjoyment of life, disfigurement and emotional or mental distress.

Some states cap the amount the patient could receive as a result of a medical malpractice suit. Your lawyer can explain the implications of this on your case.

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

Trial

In the event of an error in the prescription or dispensing of medication victims can suffer various injuries. For instance, malpractice Attorneys a mistake in administering a blood thinner to patients who are already at risk of suffering strokes could be fatal. New York attorneys at Duffy & Duffy can bring malpractice claims against pharmacists, doctors and optometrists for wrongfully prescribing medications that cause severe injury.

Even if a medical professional confirms that a healthcare professional did not meet the standard of care, proving that the doctor's actions are responsible for the victim's injuries is difficult. A skilled malpractice attorney can use hospital or doctor's policies, protocols, and guidelines to construct a case that proves the defendant's incompetence.

Many medical malpractice lawsuits settle prior to trial. A knowledgeable attorney is prepared to present your case in the court if the insurance company does not agree to a fair settlement during negotiations before trial, or if jury verdict would result in a larger damages award. A medical malpractice lawyer might decide to appeal a lower court decision, depending on the strength and value of your case. This process can be lengthy and requires expert witnesses. But, it is an important step to ensure your case gets a fair hearing.