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

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

Medical malpractice occurs when doctors deviate from the accepted medical practice, causing injury or death. A malpractice lawsuit that is successful may offer compensation to pay for future and past medical expenses, lost wages and consortium in addition to pain and suffering.

Medical Records

Medical records are an important element in any malpractice case. They usually contain a large amount of information, from initial diagnosis to treatment plans. They include digital photographs of patients flowsheets for surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These records can assist an attorney for malpractice determine if the actions of a doctor were not up to the norm of care and caused harm.

Many hospitals and healthcare providers are legally required to provide patients with copies of their medical records upon request. However, when medical malpractice lawyers request documents in connection with the possibility of suing an healthcare provider for negligence, they could experience significant administrative delays. A New York City medical negligence attorney who is committed and experienced can work to get these records as quickly as possible.

A medical malpractice case must be filed within a specified time frame, known as the statute of limitations. In New York, this means that you only have two and one-half years from the date of the law, omission or failure that caused you harm to bring a lawsuit.

In the beginning stages of a medical malpractice claim, your lawyer will need as much evidence as they can. This includes all of your medical records, including the above-mentioned information as well as hospital invoices, eyewitnesses' declarations, and photos of your injuries.

Expert Witnesses

Medical malpractice cases often require the involvement of expert witnesses. They are typically medical professionals with the capacity to give an opinion on the case and whether negligence was involved. They are often called upon to examine the medical records in a case and they may also be required to testify in person at the trial.

A nurse, surgeon assistant physician, doctor or other healthcare worker with significant training and experience could be an expert witness. Expert witnesses can help explain the complicated medical aspects of a case to allow the jury to better comprehend their arguments.

A medical expert's testimony can be a powerful tool in proving that the defendant violated their duty to care and caused you harm. It is important to understand that these experts must take an oath that they will only give the information they believe to be accurate. They could be held accountable for false claims which are later found to be false, therefore it is crucial to only select experts who are reliable and trustworthy.

An experienced lawyer for malpractice will evaluate a case and malpractice attorneys determine if an expert witness is required. In some instances, an expert's testimony may not be necessary since medical records demonstrate that a physician or healthcare worker committed an error that resulted in your injury.

Depositions

Witness testimony from a credible source can help establish that the medical professional failed to fulfill his or her obligation of care. Your malpractice lawyer can identify witnesses, like pharmacists or nurses who were in the operating room or who witnessed the negligence from an alternate location. These witnesses can be deposed and can provide valuable information to back your claim.

Your New York malpractice lawyer may be able to collect a variety of types of damages on your behalf if you win your case. This includes reimbursement for your actual financial losses, such as medical expenses and lost wages, as well as non-economic damages that are more subjective, such as pain and suffering as well as loss of enjoyment of life, disfigurement, emotional or mental distress.

Certain states limit the amount of money patients can receive for a medical malpractice lawsuit. Your attorney can explain the implications of this on your case.

Although the repercussions of a medical error could be catastrophic, many can recover compensation from the healthcare providers or clinics in which they work. A New York medical negligence lawyer can provide you with the tools, resources and experience needed to build a solid case for yourself and your loved family members.

Trial

In the event of an error in the prescription or dispensing of medication patients may suffer various injuries. For example, a mistake in administering a blood thinner to patients already at risk of strokes can be fatal. Duffy & Duffy, New York lawyers can bring malpractice suits against pharmacists and doctors who prescribed medications that cause serious injury.

Even after a medical expert testifies that a healthcare provider was not up to the standard of care, Malpractice Attorneys proving that the care provider's actions contributed to the victim's damage can be challenging. A skilled malpractice attorney can use hospital or doctor's policies, protocols, and guidelines to help build an argument that proves defendant's negligence.

Many medical malpractice lawsuits settle before trial. A seasoned attorney will be prepared to present your case to court if the insurance provider refuses to settle a fair settlement in pretrial negotiations, or a jury verdict could result in a larger damages award. Based on the strengths of your case an attorney for medical malpractice may also decide to pursue a case appeal, wherein an appeals court will review the decision of a lower court. This procedure is lengthy and requires the participation of experts. It can be a crucial step to ensure that your case is heard fairly.