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

Medical malpractice claims can be among the most complicated and difficult to win. Top New York malpractice attorneys know how to navigate these cases.

Malpractice happens when a doctor does not follow accepted medical practices and results in death or injury. A successful malpractice case can provide compensation for the past and future medical expenses, lost earnings, loss of consortium, and suffering and pain.

Medical Records

Medical records are a critical part of any medical negligence case. They typically contain a quantity of information, ranging from initial diagnoses to treatment plans. They include digital photographs of patients flowsheets for surgical reports, intensive care units or firms operations, EKG tracings and other relevant documents. These records can assist a malpractice lawyer determine whether the actions of a doctor were not up to the standard of care and triggered harm.

Many hospitals and healthcare providers are legally required to provide patients with copies of their own medical records upon request. If a medical malpractice attorney requests records as part of the possibility of a lawsuit, they might face significant administrative delays. A skilled and dedicated New York City medical malpractice lawyer can obtain the records quickly and efficiently.

A medical malpractice claim must be filed within a certain timeframe, referred to as the statute of limitations. In New York this means you have two and a quarter years to file a lawsuit beginning from the date that the act, omission, or failure caused you harm.

Your lawyer will need to gather as much evidence in the beginning stages of your medical malpractice case as possible. This would include all of your medical documents, including the above information and hospital bills, eyewitness testimony as well as photographs of your injuries.

Expert Witnesses

Expert witnesses are often needed in medical malpractice cases. They are typically medical professionals who have the capacity to give an opinion regarding the case and whether negligence occurred or not. They are usually called upon to review the medical records of a case, and may be required to appear in person during the trial.

An expert witness could be a nurse, surgeon's assistant, a doctor, a physician or any other healthcare professional who has a significant amount of education and practical experience in the medical field. They can provide a clear explanation of the medical aspects of a claim so that the jury can better understand the claims.

A medical expert's report can be an effective tool in showing that the defendant has violated their duty to care and caused harm to you. Experts are legally bound to only present the information they believe to be authentic. It is important that you only work with experts who can be trusted and reliable.

An experienced lawyer who specializes in malpractice cases can review the case and determine if an expert witness is needed. In some cases, the expert's report is not necessary since the medical documents are clear and prove that the healthcare professional committed a mistake that led to your injury or health issues.

Depositions

A reliable witness testimony can establish that the medical professional did not to fulfill his or her duty of care. Your malpractice lawyer might be able find witnesses such as nurses, pharmacists radiology technicians doctors who read test results, ambulance attendants or other health professionals who were in the operating room at the time of the wrongful act or witnesses from a different location. These witnesses can be deposed, and provide valuable information to help you prove your claim.

Your New York malpractice lawyer may be able to collect a variety of types of damages on your behalf if you prevail in your lawsuit. They include reimbursement for actual financial losses, like medical expenses and lost wages, and non-economic damages that are more subjective, such as suffering and suffering, loss of enjoyment of life disfigurement, emotional or mental anguish.

Certain states have caps on the amount of money that patients can receive in a medical malpractice suit. Your attorney can explain the effect of this on your case.

While the consequences of a medical mistake can be devastating, 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 resources, expertise and experience required to construct a solid case for yourself and your loved ones.

Trial

Many injuries can result from an error made in prescribing or dispensing medication. For instance, a lapse when administering a blood thinner to patients who are already at risk of strokes can be fatal. New York attorneys at Duffy & Duffy can bring malpractice lawsuits against doctors, pharmacists and optometrists for wrongfully prescribing medications that cause severe injuries.

Even if a medical expert affirms that a healthcare provider did not meet the standards of care, proving that the healthcare provider's actions led to the victim's damage can be a challenge. A skilled malpractice lawyers lawyer can make use of hospital or doctor policies as well as protocols and guidelines to present a case which shows the defendant's negligence.

Many medical malpractice cases settle prior firms to trial. Nevertheless, an experienced attorney should be ready to take your case to trial in the event that the insurance company refuses to pay a fair settlement amount during pretrial negotiations or if a jury verdict is more likely to result in a bigger damages award. Based on the strength of your case a medical malpractice lawyer may decide to pursue an appeal process, where the higher court reviews a lower court's decision. The process can be long and requires expert testimony. However, it can be an important step to make sure your case is given a fair hearing.