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

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

Malpractice occurs when a doctor departs from accepted medical practices and results in injury or death. A malpractice lawsuit that is successful can provide compensation to cover the past and future medical expenses, lost wages and consortium and suffering and pain.

Medical Records

Medical records are an essential element in any malpractice case. Medical records contain many details which range from the initial diagnosis and treatment plans. They include digital photographs of patients surgical reports, flowsheets for intensive care units or operations, EKG tracings and other relevant documents. These records can be used by a lawyer to determine if a doctor's actions were not within the norms of practice and resulted in harm.

A lot of hospitals and healthcare providers have to provide copies of patients' medical records upon request. When a medical malpractice attorney requires records as part of the possibility of a lawsuit, they may experience significant administrative delays. A dedicated and experienced New York City medical malpractice attorney can help obtain these records quickly and efficiently.

A medical malpractice claim must be filed within a specific time frame, known as the statute of limitations. In New York this means you have just two and a quarter years to file a lawsuit beginning from the date of the incident or omission caused you harm.

Your lawyer must gather as much evidence in the beginning stages of a medical malpractice claim as you can in the beginning. This includes all your medical records including the information mentioned above, but also hospital invoices, eyewitnesses' statements as well as photos of your injuries.

Expert Witnesses

Medical malpractice cases often require the involvement of expert witnesses. These are generally medical professionals who are able to provide a medical opinion about the situation, and whether negligence occurred or not. They are often required to review the medical evidence of a case and may be required to give testimony during trial.

An expert witness could be a nurse, surgeon's assistant, a doctor, physician, or any other healthcare worker who has extensive educational and practical experience in the medical field. They can help the jury be able to comprehend the medical aspects involved in the case.

When the testimony of a medical expert is presented in court, it could be a powerful tool to show that the defendant violated their duty of care and caused you harm in the process. Experts are legally bound that they only provide evidence they believe to be authentic. It is important that you choose experts who can be trusted and are reliable.

An experienced lawyer who specializes in malpractice cases can review the situation and determine if an expert witness is required. In certain cases, the expert's testimony is not needed because the medical documents are clear and prove that the physician or healthcare professional made a mistake that lead to your injury or illness.

Deposits

A reliable witness can establish that a medical professional didn't fulfill their obligation of care. Your malpractice attorneys lawyer might be able to locate witnesses such as pharmacists, nurses radiology technicians doctors who read test results ambulance attendants and other health care 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 evidence to support your claim.

There are several types of damages that your New York malpractice attorney may recover on your behalf in an effective lawsuit. You can recover your actual financial losses such as medical bills and lost wages. Non-economic damages are also accessible, such as pain and suffering, loss 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 attorney can explain the impact of this on your case.

While the experience of a medical mistake can be traumatic, thousands 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 resources, expertise and experience required to construct a strong case for you and your loved family members.

Trial

As a result of an error in prescribing or dispensing of medication patients may suffer various injuries. A mistake in administering blood thinners to patients at risk of stroke can cause death. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against doctors and pharmacists who prescribed drugs that cause severe injuries.

Even if a medical expert certifies that a healthcare provider did not meet the standards of care, proving the provider's actions were responsible for the injuries suffered by the victim can be difficult. A skilled malpractice attorney can use hospital or doctors' policies, protocols, and guidelines to build an argument that proves defendant's incompetence.

Many medical malpractice lawsuits settle before trial. An experienced lawyer is able to take 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 could result in a bigger damage award. An attorney for medical malpractice might decide to appeal a lower court decision, depending on the strength and merits of your case. This procedure is lengthy and requires the participation of expert witnesses. However, it can be an important step to make sure your case receives an impartial hearing.