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

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

Malpractice occurs when doctors depart from the accepted medical practice that cause injury or death. A successful malpractice lawsuit can pay for future and past medical expenses, lost earnings lost consortium, and the pain and suffering.

Medical Records

Medical records are a crucial element in 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 flowsheets, surgical reports, from intensive care or operations units, EKG tracings, informed consent forms and other pertinent documents. These documents can be used by a lawyer to determine if a physician's actions were not in line with the standards of practice and harmed.

Many hospitals and healthcare providers are legally required to provide patients with copies of their medical records upon request. If a medical malpractice attorney requests records as part of a potential lawsuit, they may experience significant administrative delays. An experienced and dedicated New York City medical malpractice attorney can get these records quickly and efficiently.

A medical malpractice case must be filed within the specified timeframe, referred to as the statute of limitations. In New York, this means that you only have two and a half years from the date of the act or error which caused you to make a claim.

Your lawyer will need to collect as much evidence as possible during the initial stages of your medical malpractice case. This includes all of your medical records including the above-mentioned information, but also hospital invoices, eyewitnesses' statements as well as photos of your injuries.

Expert Witnesses

Expert witnesses are usually required in medical malpractice cases. They are typically medical professionals that can provide an opinion on the medical aspect of the situation, and whether negligence occurred or not. They are often required to look into the medical evidence of a case and could be required to testify at trial.

A nurse, surgeon assistant doctor, malpractice attorney surgeon assistant, or other healthcare worker who has a solid training and experience could be an expert witness. They can assist jurors comprehend the complicated medical aspects of a claim.

If the testimony of a medical professional is presented in court, it can be a powerful tool to establish that the defendant has violated their duty of care and caused you harm as a result. They are legally required to swear to only give evidence they believe to be authentic. It is important that you only work with experts that you can trust and have a track record of reliability.

An experienced lawyer for malpractice can evaluate a case and determine whether an expert witness is needed. In certain cases, an expert's testimony may not be necessary because medical records demonstrate that a doctor or healthcare worker made a mistake which led to your injury.

Depositions

A credible witness can help determine that a medical professional was not able to fulfill his duty of care. Your malpractice lawyer might be able find witnesses such as nurses, pharmacists radiology technicians doctors who have read test results ambulance attendants, or other health professionals who were in the operating room at the time of the negligent act, or who witnessed it from another location. Witnesses can be questioned and provide valuable evidence to support your claim.

There are several types of damages that your New York malpractice attorney may obtain on your behalf if you file an effective lawsuit. These include compensation for actual financial losses, like medical expenses and lost wages, and non-economic damages that are more subjective, like pain and suffering as well as loss of enjoyment of life and disfigurement, as well as emotional or mental anguish.

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

While the aftermath of a medical mistake can be traumatic, thousands of people do receive compensation from healthcare providers and the clinics or hospitals where they work. A New York medical malpractice lawyer will have the knowledge as well as the resources and expertise to present a compelling claim for you and your family.

Trial

A variety of injuries can result from an error made in prescribing or dispensing medication. For instance, a lapse in the administration of a blood thinner to patients who are already at risk of suffering strokes can be fatal. New York attorneys at Duffy & Duffy can bring malpractice lawsuits against pharmacists, doctors and optometrists for knowingly prescribing medications that can cause serious injury.

Even if a medical expert confirms that a healthcare professional didn't meet the requirements of health care, proving the healthcare provider's actions are responsible for the injuries suffered by the victim can be difficult. A skilled malpractice lawyer can utilize the policies of a doctor or hospital guidelines, protocols and procedures to present a case which shows the defendant's negligence.

Many medical malpractice cases settle prior to trial. A seasoned attorney is able to present your case to court if an insurance company refuses to settle a fair settlement in negotiations prior to trial, or if a jury verdict would result in a greater damages award. An attorney for medical malpractice might decide to appeal a lower court decision, depending on the strength and worth of your case. This process can be lengthy and may require expert witnesses. It can be a crucial step in ensuring your case is listened to in a fair way.