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

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

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

Medical Records

Medical records are an essential part of any medical malpractice case. Medical records can contain an array of information including initial diagnoses and treatment plans. These records contain digital images of patients flowsheets for surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These records 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 healthcare facilities and hospitals are required by law to provide patients with copies of their own medical records upon request. When a medical malpractice attorney requests records as part of a potential lawsuit, they might face significant administrative delays. A dedicated and experienced 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 have two and a quarter years to file a claim from the date of the incident or omission caused harm to you.

Your lawyer must gather as much evidence as possible in the beginning stages of a medical malpractice claim as you can in the beginning. This would include all medical records, including the aforementioned information, but also hospital bills, eyewitness testimony and photographs of your injuries.

Expert Witnesses

Medical malpractice cases often require the use of expert witnesses. These are generally medical professionals who are able to provide an opinion of a doctor regarding the case, including whether negligence occurred or not. They are usually asked to look into the medical evidence of a case and could be required to give testimony during trial.

An expert witness can be a surgeon's assistant, a doctor, a physician or any other healthcare worker who has a significant amount of education and practical experience in the medical field. They can assist in explaining the complex medical aspects of a case so that jurors can better comprehend them.

When the testimony of a medical specialist is presented in court, it could be a powerful tool to establish that the defendant has violated their duty of care and caused harm as a result. They are legally bound that they only provide information they believe is true. They can be held liable for wrongful statements that are proven to be false, therefore it is essential to employ experts who are reliable and trustworthy.

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

Depositions

A credible witness can help determine that a medical professional did not meet his or her duty of care. Your malpractice lawyer might be able locate witnesses like pharmacists, nurses radiology technicians doctors who have read test results ambulance attendants, or other health care professionals who were in the operating room at the time of the negligence or witnesses from a different location. These witnesses can be deposed and can provide important evidence to support your claim.

There are a variety of damages that your New York malpractice attorney may be able to recover on your behalf in a successful lawsuit. You can recover your actual financial losses such as medical bills and lost wages. Other damages are also accessible, such as the loss of enjoyment of life, disfigurement or emotional or mental distress.

Some states cap the amount of money patients can receive for a medical malpractice lawsuit. Your attorney can explain the implications of this on your case.

Although the effects of a medical error may be devastating, a lot of people can recover compensation from the healthcare providers or clinics where they work. A New York medical malpractice lawyer has the knowledge and resources to present a compelling claim for you and your family.

Trial

A variety of injuries may result from an error in prescribing or dispensing medication. For instance, a misstep when administering a blood thinner to patients already at risk for strokes can be fatal. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against doctors and pharmacists who have prescribed drugs that cause severe injury.

Even if a medical professional certifies that a healthcare provider was not in compliance with the standard of health care, proving that the provider's actions are accountable for the victim's injuries is difficult. A skilled attorney for malpractice will rely on hospital or physician's policies, protocols and guidelines to help build an argument that proves the defendant's negligence.

Many medical malpractice lawsuits settle prior to trial. An experienced attorney will be prepared to present your case in court if an insurance company is unwilling to accept a reasonable settlement during negotiations before trial, or if jury verdict could result in a bigger damages award. An attorney for medical malpractice might decide to appeal a lower court's decision, depending on the merits and importance of your case. This is a lengthy process and requires the participation of expert witnesses. However, it can be an important step to ensure your case is given an honest hearing.