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

Medical malpractice claims are among the most complex and difficult to get. The best New York malpractice attorneys know how to handle these cases.

Malpractice occurs when a physician departs from accepted medical practices and causes 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 and consortium in addition to pain and suffering.

Medical Records

Medical records are an essential component of any malpractice case. They usually contain a large amount of information, from initial diagnoses to 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 utilized by lawyers to determine if a physician's actions were not within the norms of practice, and caused harm.

Many healthcare facilities and hospitals are required by law to provide patients with copies of their own medical records upon request. However, if an attorney for medical malpractice requests documents as part of an upcoming lawsuit against a health care provider for negligence, they may experience significant administrative delays. A New York City medical negligence attorney who is committed and knowledgeable can get these records quickly.

A medical malpractice lawsuit must be filed within a specific time period, also known as the statute of limitations. In New York this means you have only two and a quarter years to file a lawsuit starting from the date the act, omission, or failure caused you harm.

During the early stages of a medical malpractice claim, your lawyer will need as much evidence as they can. This includes all medical documents, including the above information as well as hospital bills, eyewitness accounts and photographs of your injuries.

Expert Witnesses

Medical malpractice cases often require the involvement of experts as witnesses. These are generally medical professionals who are able to provide a medical opinion about the incident, indicating whether negligence occurred or not. They are frequently asked to examine the medical records of the case, and may be required to testify in person during the trial.

A surgeon assistant, nurse, physician, doctor, or other healthcare worker with a high level of knowledge and experience can be an expert witness. They can help the jury understand complex medical aspects in a case.

When the testimony of a medical expert is presented in court, it could be an effective tool to show that the defendant violated their duty of care and caused harm in the process. Experts are legally bound to only provide evidence they believe to be authentic. It is essential that you only hire experts you can trust and have a track record of reliability.

An experienced lawyer for malpractice can assess a case to determine whether an expert witness is required. In some instances an expert's report may not be needed because medical records demonstrate that a doctor or healthcare worker committed a mistake which led to your injury.

Deposits

Witness testimony from a credible source can establish that the medical professional did not to fulfill his or her duty of care. Your malpractice lawyer may be able to identify witnesses like pharmacists, nurses, radiology technicians doctors who read test results ambulance attendants, or other health professionals who were in the operating room at the time of the wrongful act or who witnessed it from a different location. They can be deposed and can provide important information to back your case.

There are a variety of damages that your New York malpractice attorney may obtain on your behalf if you file a successful lawsuit. You can seek to recover your real financial losses like medical bills and lost wages. Non-economic damages are also available, such as suffering and pain, loss of enjoyment of life, disfigurement and emotional or mental distress.

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

While the consequences of a medical mistake can be devastating, a lot of people are able to obtain compensation from the clinics or healthcare providers where they work. A New York medical negligence lawyer can provide you with the resources, expertise and experience required to construct a solid case for yourself and your loved ones.

Trial

As a result of an error in prescribing or dispensing of medication, patients may suffer numerous injuries. A mistake when administering blood thinners for patients at high risk of sustaining strokes could cause fatal injury. New York attorneys at Duffy & Duffy can bring malpractice lawsuits against pharmacists, doctors and optometrists for wrongfully prescribing medications that cause severe injury.

Even after a medical expert testifies that a healthcare provider did not meet the standards of care, proving the care provider's actions contributed to the victim's damage isn't easy. A seasoned malpractice lawyer will make use of hospital or doctor policies guidelines, protocols, and other documents to construct a case that establishes the defendant's negligence.

Many medical malpractice lawsuits settle prior to trial. An experienced lawyer will be able to take your case to court if the insurance provider is unwilling to accept a reasonable settlement during negotiations before trial, malpractice attorney or if jury verdict could result in a higher damage award. Depending on the quality of your case an attorney for medical malpractice may decide to pursue an appeal of the case, in which an upper court reviews a lower court's decision. The process can be long and requires expert witnesses. It can be a crucial step to ensure that your case is heard fairly.