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

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

Malpractice occurs when a physician does not follow accepted medical practices and causes injury or even death. A malpractice lawsuit that is successful may be able to recover compensation for past and future medical expenses, lost wages, consortium in addition to pain and suffering.

Medical Records

Medical records are an essential element of any malpractice lawsuit. Medical records may contain many details that ranges from initial diagnoses and treatment plans. These records contain digital images of patients surgical reports, flowsheets for intensive care units or operations, EKG tracings and other relevant documents. These documents can be used by lawyers to determine if the doctor's actions were not within the norms of practice, and caused harm.

Many healthcare facilities and hospitals are legally required to provide patients with copies of their medical records upon request. If a medical professional seeks records as part of an upcoming lawsuit, they could experience significant administrative delays. A New York City medical negligence attorney who is dedicated and knowledgeable can get these records in a short time.

The statute of limitations is a limitation of time within which a medical malpractice claim has to be filed. In New York this means you only have two and one quarter years to file a claim from when the act or omission caused you harm.

In the beginning of a medical negligence claim, your lawyer will need as much evidence as they can. This includes any and all medical documents, including the above information as well as hospital bills, eyewitness testimony as well as photographs of your injuries.

Expert Witnesses

Expert witnesses are usually required in medical malpractice cases. These are usually medical professionals who can offer an opinion of a doctor regarding the case, including whether negligence occurred or not. They are frequently asked to examine a case's medical records, and they may also be required to appear in person during the trial.

A surgeon assistant, nurse doctor, surgeon assistant, or other healthcare worker with a high level of training and practical experience can be an expert witness. They can assist in explaining the complex medical aspects of a case to help the jury better comprehend their arguments.

When the testimony of a medical specialist is presented in court, it could be a powerful tool used to demonstrate that the defendant did not fulfill their duty of care and caused harm in the process. They are legally required to swear to only give information they believe to be authentic. They can be held liable for wrongful statements that are later proven to be false, so it is important to only hire experts who are trustworthy and reliable.

An experienced malpractice lawyer will evaluate a case and determine whether an expert witness is needed. In certain cases an expert's testimony might not be needed because medical records show that a physician or healthcare worker committed an error that led to your injury.

Depositions

Witness testimony from a credible source can prove that the medical professional failed to fulfill his duty of care. Your malpractice lawyer will be able to locate witnesses, such as pharmacists or nurses who were in the operating room, or who observed the negligent act from the other location. These witnesses can be deposed and provide crucial information to support your case.

There are many types of damages that your New York malpractice attorney may be able to recover on your behalf in the event of a successful lawsuit. You can recover your actual financial losses such as medical bills and lost wages. Additionally, non-economic damages are offered, including suffering and pain, loss of enjoyment of life, disfigurement and mental or emotional distress.

Some states cap the amount of money that a patient can receive in a medical malpractice suit. Your lawyer can explain the effect of this on your case.

While the experience of a medical error can be traumatic, thousands of people do recover compensation from healthcare providers as well as the hospitals or clinics where they work. A New York medical negligence lawyer can provide you with the resources, skills and knowledge required to create an impressive case for you and your loved family members.

Trial

Many injuries can result from a mistake in prescribing or dispensing medication. For instance, a mistake in the administration of a blood thinner to patients who are already at risk of strokes can be fatal. Duffy & Duffy, New York lawyers, can file malpractice suits against pharmacists and doctors who prescribed drugs that cause severe injury.

Even after a medical professional declares that a healthcare professional was not up to the standard of care, proving the provider's actions caused the victim's damages isn't easy. A competent malpractice lawyer can rely on the hospital or doctors' policies, protocols, and guidelines to construct an argument that proves defendant's negligence.

Many medical malpractice lawsuits settle before 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 bigger damage award. An attorney who is a medical professional may decide to appeal a lower court decision, depending on the strength and value of your case. The process can be long and may require expert witnesses. However, it's an important step to make sure your case is given an impartial hearing.