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. The best New York malpractice attorneys know how to win these cases.

Malpractice happens when a doctor breaks from accepted medical practice and causes injury or even death. A successful malpractice case can offer compensation for past and future: medical expenses, malpractice lawyer lost earnings and consortium loss, and suffering and malpractice lawyer suffering.

Medical Records

Medical records are a crucial part of any malpractice case. They often contain a great amount of information, ranging from initial diagnosis to treatment plans. Most often, they include digital images of the patient flowsheets, surgical reports, from intensive care or operations units, EKG tracings, informed consent forms and other relevant documents. These documents can be used by lawyers to determine if a physician's actions fell below the standards of practice and resulted in harm.

Many hospitals and healthcare providers are legally required to provide patients with copies of their medical records upon request. If a medical malpractice attorney is seeking records in connection with the possibility of a lawsuit, they might face significant administrative delays. A skilled and dedicated New York City medical malpractice lawyer can obtain the records quickly and efficiently.

The statute of limitations is a period within which a medical negligence claim has to be filed. In New York this means you have just two and a quarter years to file a lawsuit from the date that the act or omission caused harm to you.

In the beginning of a medical malpractice case, your lawyer will need as much evidence as is possible. This includes any and all of your medical records, including the aforementioned information and hospital bills, eyewitness accounts and photographs of your injuries.

Expert Witnesses

Medical malpractice cases often require the involvement of experts as witnesses. These are usually medical professionals who can provide an opinion from a medical professional regarding the case, including whether negligence took place or not. They are usually asked to review medical records of a case and might be required to give testimony during the trial.

An expert witness could be a nurse, surgeon's assistant, a physician, a doctor, or any other healthcare professional who has significant educational and practical experience in the medical field. Expert witnesses can help explain the complicated medical aspects of a case so that the jury can better understand the claims.

A medical expert's report can be a powerful tool in showing that the defendant has violated their duty of care and caused harm to you. It is important to note that medical experts are required to take an oath of only providing the information they believe to be authentic. It is essential that you only work with experts who are trustworthy and reliable.

An experienced attorney for malpractice can review a case and determine whether an expert witness is needed. In some cases, an expert's testimony may not be needed because medical records show that a doctor or healthcare worker committed an error that resulted in your injury.

Depositions

Witness testimony from a credible source can help establish that the medical provider failed to meet his or her obligation of care. Your malpractice lawyer may be able find witnesses such as nurses, pharmacists 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 who witnessed it from a different location. Witnesses can be questioned, and provide valuable information to support your claim.

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 could recover your actual financial losses, including medical bills and lost wages. Non-economic damages are also available, such as suffering and suffering, loss of enjoyment of life, disfigurement or emotional or mental distress.

Certain states limit the amount of money the patient could receive as a result of a medical malpractice lawsuit. Your attorney can explain how this affects your case.

Although the impact of a medical mistake can be devastating, many can recover compensation from the healthcare providers or clinics in which they work. A New York medical malpractice lawyer can provide the skills as well as the resources and expertise to create a solid claim for you and your family.

Trial

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

Even if a medical expert declares that a healthcare provider did not meet the standards of care, proving that the doctor's actions caused the victim's injuries is difficult. A competent malpractice lawyer can rely on the hospital or physician's policies, protocols and guidelines to build an argument that proves defendant's incompetence.

Many medical malpractice cases settle before trial. However, a seasoned attorney should be ready 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 verdict is more likely to result in a higher damage award. Depending on the quality of your case a medical malpractice lawyer could be able to seek an appeal of the case, in which an appeals court will review the decision of a lower court. This process is time-consuming and requires the participation of expert witnesses. However, it can be an important step to ensure your case is given an impartial hearing.