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

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

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

Medical Records

Medical records are an essential element of any malpractice lawsuit. Medical records contain an array of information which range from the initial diagnosis and treatment plans. They typically include digital images of the patient flowsheets, surgical reports, from operations or intensive care units, EKG tracings, informed consent forms, and other pertinent documents. These records can assist an attorney who is a victim of malpractice determine if the actions of a doctor fell below the standard of care and caused 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 lawyer seeks records as part of a potential lawsuit, they might face significant administrative delays. A New York City medical negligence lawyer who is committed and knowledgeable can get these records in a short time.

The statute of limitations is a limitation of time within which a medical negligence claim has to be filed. In New York, this means that you only have two and one-half years from the date of the law or omission that harmed you to pursue a lawsuit.

Your lawyer will need to gather as much evidence as possible in the beginning stages of a medical malpractice claim as you can in the beginning. This includes all of your medical records, including the above information along with hospital invoices, eyewitnesses' testimony as well as photos of your injuries.

Expert Witnesses

Expert witnesses are frequently required in medical malpractice cases. These are generally medical professionals who are able to provide an opinion of a doctor regarding the incident, indicating whether negligence occurred or not. They are frequently called upon to review the medical records in a case and they may also be required to appear in person during the trial.

A nurse, surgeon assistant physician, doctor or any other healthcare professional with extensive training and practical experience can be an expert witness. They can assist jurors comprehend the complicated medical aspects of a case.

When the testimony of a medical specialist is presented in court, it could be a powerful tool to show that the defendant violated their duty of care and caused harm as a result. These experts are legally bound that they only provide information they believe to be accurate. They are accountable for statements which are later found to be false, therefore it is crucial to only select experts who are reliable and trustworthy.

A seasoned lawyer who specializes in malpractice cases can review the situation and determine if an expert witness is needed. In some instances an expert's report may not be necessary because medical records show that a healthcare worker committed an error that caused your injury.

Depositions

Witness testimony from a credible source can help establish that the medical professional failed to meet his or her duty of care. Your malpractice lawyer can locate witnesses, malpractice Lawsuits such as nurses or pharmacists who were in the operating room, or who witnessed the negligence from a different location. These witnesses can be deposed and can provide valuable information to help you prove your claim.

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

Some states set limits on the total amount a patient can receive in a medical negligence lawsuit. Your lawyer can explain how this impacts your case.

Although the repercussions of a medical mistake can be catastrophic, many are able to recover compensation from the healthcare providers or clinics where they work. A New York medical malpractice lawyer will have the knowledge, resources and experience to build a strong claim for you and your family.

Trial

As a result of an error in the prescription or dispensing of medication patients can be afflicted with a variety of injuries. A mistake in the administration of blood thinners to those at risk of stroke could cause fatal injury. New York attorneys at Duffy & Duffy can file malpractice claims against pharmacists, doctors, and optometrists for prescribing incorrectly drugs that cause severe injury.

Even if a medical professional declares that a healthcare provider did not meet the standards of health care, proving that the provider's actions were responsible for the victim's injuries is difficult. A competent malpractice lawyer will rely on hospital or doctors' policies, protocols, and guidelines to create an argument that proves defendant's incompetence.

Many medical malpractice cases settle prior to trial. A seasoned attorney will be able to present your case to the court if the insurance company refuses to settle a fair settlement in the pre-trial negotiations, or if a jury verdict would result in a higher damage award. An attorney for medical malpractice lawsuits (read this article) may decide to appeal a lower court decision, based on the strength and worth of your case. The process can be long and involves expert witnesses. But, it is essential to ensure your case is given an honest hearing.