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

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

Medical malpractice occurs when doctors deviate from accepted medical practices, causing injury or death. A malpractice lawsuit that is successful can provide compensation to cover past and future medical expenses, lost wages, consortium and pain and suffering.

Medical Records

Medical records are an important part of any malpractice case. Medical records contain many details including initial diagnoses and treatment plans. Typically, these 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 documents can be used by a lawyer to determine if a doctor's actions were not in line with the standards of practice and caused harm.

Many healthcare facilities and hospitals are legally required to provide patients with copies of their own medical records upon request. However, if medical malpractice lawyers demand documents in connection with a possible lawsuit against an healthcare provider for negligence, they may be faced with significant administrative issues. A skilled and dedicated New York City medical malpractice law firms lawyer can obtain the records quickly and efficiently.

The statute of limitations is a time period within which a medical negligence claim must be filed. In New York this means you have only two and a quarter years to file a lawsuit starting from the date of the incident, omission, or failure caused you harm.

Your lawyer will need to collect as much evidence as possible during the initial stages of your medical malpractice claim. This includes all medical documents, including the mentioned information as well as hospital bills, eyewitness testimony and photos of your injuries.

Expert Witnesses

Medical malpractice cases usually require the use of experts as witnesses. They are typically medical professionals who have the ability to offer an opinion about the case and whether negligence was involved. They are often required to look into the medical documents of a case, and might be required to give testimony during the trial.

A surgeon assistant, nurse doctor, surgeon assistant, or any other healthcare professional with a high level of training and practical experience can be an expert witness. Expert witnesses can help explain the complicated medical aspects of a case so that jurors can better understand them.

If the testimony of a medical professional is presented in court, it could be a powerful evidence tool to prove the defendant breached their duty of care and caused you harm as a result. Experts are legally required to swear to only provide information they believe to be true. It is important that you select experts that you can trust and have a track record of reliability.

An experienced lawyer for malpractice can assess a case to determine if an expert witness is required. In some cases, an expert's testimony is unnecessary because the medical records are clear and show that the healthcare professional made a mistake which led to your injury or additional disease.

Deposits

A credible witness can determine that a medical professional was not able to fulfill his duty of care. Your malpractice lawyer will be able to locate witnesses, like pharmacists or nurses who were present in the operating room or who observed the negligent act from an alternate location. They are able to be deposed and can provide important information to back your case.

There are several types of damages that your New York malpractice attorney may recover on your behalf in an effective lawsuit. You could recover your actual financial losses, including medical bills and lost wages. Additionally, non-economic damages are offered, including pain and suffering, malpractice loss enjoyment of life, disfigurement or emotional or mental distress.

Certain states impose caps on the amount a patient can receive in a lawsuit for medical malpractice. Your attorney will explain the impact of this on your case.

Although the impact of a medical error can be devastating, a lot of people are able to recover compensation from healthcare providers and the clinics or hospitals where they work. A New York medical negligence lawyer can provide you with the tools, resources and experience needed to build a strong case for you and your loved family members.

Trial

In the event of an error in prescribing or dispensing of medication patients can be afflicted with a variety of injuries. For example, a mistake in administering a blood thinner to patients who are already at risk of suffering strokes can be fatal. Duffy & Duffy, New York lawyers, can file malpractice suits against pharmacists and doctors who prescribe drugs that cause serious injury.

Even if a medical expert declares that a healthcare professional failed to meet the standard of care, proving that the actions of the provider caused the victim's damages can be difficult. A competent malpractice lawyer can use hospital or doctor policies guidelines, protocols and procedures to build a case that shows the defendant's negligence.

Many medical malpractice cases settle before trial. However, a skilled attorney should be ready to take your case to trial if the insurance company refuses to pay a reasonable settlement amount in the course of negotiations prior to trial or a jury verdict is more likely to result in a greater damages award. Depending on the quality of your case an attorney for medical malpractice may decide to pursue an appeal in which the higher court reviews the decision of a lower court. This procedure can be lengthy and may require expert witnesses. It is a crucial step in ensuring your case is listened to in a fair way.