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

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

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

Medical Records

Medical records are an essential part of any medical negligence case. Medical records may contain many details which range from the initial diagnosis and Malpractice Lawyers treatment plans. The majority of them contain digital images of the patient, surgical reports, flowsheets from intensive care or operations units, EKG tracings, informed consent forms and other pertinent documents. These documents can be utilized by lawyers to determine whether a doctor's actions fell below the standards of practice and resulted in harm.

Many hospitals and healthcare providers are required by law to provide patients with copies of their medical records upon request. However, when medical malpractice lawyers request documents as part of a potential lawsuit against the health care provider for negligence, they could encounter significant administrative delays. An experienced and dedicated New York City medical malpractice lawyer can obtain the records quickly and efficiently.

The statute of limitations is a period within which a medical negligence claim must be filed. In New York, this means that you have only two and two and a half years from date of the law, omission or failure that harmed you to pursue a lawsuit.

In the beginning stages of a medical negligence claim the lawyer will require as much evidence as possible. This includes all your medical records including the information above along with hospital invoices, eyewitnesses' testimony and photographs of your injuries.

Expert Witnesses

Expert witnesses are frequently required in medical malpractice cases. These are usually medical professionals who are able to provide an opinion of a doctor regarding the case, including whether negligence took place or not. They are frequently asked to examine the medical records of a case, and they may also be required to testify in person during the trial.

A surgeon assistant, nurse doctor, surgeon assistant, or other healthcare worker who has a solid knowledge and experience can be an expert witness. They can assist jurors to understand the complex medical aspects of the case.

When a medical expert's testimony is presented in court, it can be a powerful tool to demonstrate that the defendant did not fulfill their duty of care and caused harm in the process. Experts are required by law to swear to only present the information they believe to be authentic. It is important that you choose experts that you can trust and have a track record of reliability.

An experienced lawyer who specializes in malpractice cases can evaluate the case and determine whether an expert witness is needed. In some cases, the expert's testimony is not necessary because the medical documents are clear and demonstrate that the doctor or healthcare worker made a mistake that led to your injury or disease.

Depositions

A reliable witness testimony will prove that the medical professional did not to perform his obligation of care. Your malpractice lawyer can find witnesses, such as nurses or pharmacists who were present in the operating room, or who observed the negligent act from another location. These witnesses can be deposed and provide important information to back your claim.

Your New York malpractice law firm lawyer may be able to collect a variety of types of damages on your behalf if you win your case. This includes reimbursement for Malpractice lawyers your actual financial losses, including 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, mental or emotional anguish.

Some states cap the amount of money patients can receive for a medical malpractice suit. Your lawyer can explain how this impacts your case.

While the experience of a medical mistake can be devastating, thousands of people are able to recover compensation from healthcare providers as well as the clinics or hospitals where they work. A New York medical negligence lawyer can provide you with the resources, knowledge and expertise needed to build an impressive case for you and your loved family members.

Trial

Many injuries can result from a mistake in prescribing or dispensing medication. A mistake in administering blood thinners to patients who are at risk of stroke can be fatal. New York attorneys at Duffy & Duffy can bring malpractice claims against doctors, pharmacists and optometrists who have wrongly prescribed drugs that cause severe injury.

Even if a medical professional states that a health care provider did not meet the standards of health care, proving that the doctor's actions were responsible for the injuries suffered by the victim can be difficult. A skilled malpractice attorney can rely on the hospital or doctors' policies, protocols, and guidelines to create a case that proves the defendant's incompetence.

Many medical malpractice cases settle prior to trial. An experienced lawyer will be able to take your case to court if the insurance company is unwilling to accept a reasonable settlement during negotiations prior to trial, or if a jury verdict would result in a greater damage award. Depending on the strengths of your case medical malpractice lawyers may be able to seek an appeal of the case, in which an upper court reviews the lower court's decision. This process is time-consuming and requires the participation of experts. It is an important step to make sure your case is given an impartial hearing.