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

Medical malpractice cases can be among the most complex and difficult to be successful. The best New York malpractice attorneys know how to successfully navigate these cases.

Malpractice is when doctors deviate from accepted medical practices and cause injury or even death. A malpractice lawsuit that is successful will be able to recover compensation for the past and future medical expenses, lost wages, consortium and suffering and pain.

Medical Records

Medical records are an essential component of any malpractice case. Medical records can include a lot 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 pertinent documents. These documents can be used by lawyers to determine if the doctor's actions were below the standard of practice and resulted in harm.

Many hospitals and healthcare providers have to provide copies of medical records upon request. When a medical malpractice attorney is seeking records in connection with an upcoming lawsuit, they may experience significant administrative delays. A New York City medical negligence attorney who is dedicated and knowledgeable can obtain these records swiftly.

A medical malpractice lawsuit must be filed within the specified time period, also 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 the act or omission caused harm to you.

Your lawyer will need to gather as much evidence as they can in the beginning stages of your medical malpractice claim. This includes all of your medical records, including the information mentioned above and hospital invoices, eyewitnesses' declarations, and photos of your injuries.

Expert Witnesses

Medical malpractice cases often require the involvement of expert witnesses. They are typically medical professionals with the ability to provide an opinion about the case and whether negligence was involved. They are frequently called upon to examine the medical records in a case and they may also be required to testify personally during the trial.

An expert witness can be a nurse, surgeon's assistant, doctor, physician or any other healthcare professional who has a significant amount of education and practical experience in the medical field. Expert witnesses can help explain the complicated medical aspects of a case so that jurors can better comprehend their arguments.

An expert's opinion from a medical professional can be an effective tool for showing that the defendant has violated their duty of care and caused you harm. They are legally bound to only present evidence they believe to be true. They could be held accountable for false claims that are proven to be false, so it is essential to select experts who are trustworthy and reliable.

A seasoned lawyer who specializes in malpractice law firms cases will evaluate the case and determine whether an expert witness is required. In some cases, the expert's testimony is unnecessary because the medical records are clear and prove that the doctor or healthcare professional made a mistake that led to your injury or additional illness.

Depositions

A reliable witness testimony will prove that the medical professional did not to perform his obligation of care. Your malpractice lawyer can identify witnesses, such as pharmacists or nurses who were in the operating room, or who witnessed the negligence from an alternate location. They can be deposed and provide valuable evidence to prove your case.

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

Certain states limit the amount of money that a patient can receive in a medical malpractice suit. Your attorney can explain the implications of this on your case.

Although the impact of a medical error can be catastrophic, many are able to seek compensation from the healthcare providers or clinics in which they work. A New York medical negligence lawyer can provide you with the resources, skills and knowledge required to create a solid case for yourself and your loved family members.

Trial

In the event of an error in prescribing or dispensing of medication patients can suffer numerous injuries. A mistake in the administration of blood thinners to patients who are at high risk of sustaining strokes could be fatal. Duffy & Duffy, New York lawyers are able to file malpractice suits against pharmacists and doctors who have prescribed drugs that cause serious injury.

Even after a medical professional declares that a healthcare professional did not meet the standards of care, proving the provider's actions caused the victim's injury can be a challenge. A skilled malpractice lawyer can utilize the policies of a doctor or hospital guidelines, protocols and procedures to build a case that shows the defendant's negligence.

Many medical malpractice lawsuits settle prior to trial. An experienced lawyer will be prepared to present your case in the court if the insurance company refuses a reasonable settlement during negotiations before trial, or if jury verdict would result in a higher damages award. An attorney who is a medical professional may decide to appeal a lower court decision, depending on the strength and merits of your case. The process can be lengthy and requires the participation of experts. It can be a crucial step in ensuring your case is heard with respect.