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

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

Malpractice occurs when a physician is not following accepted medical procedures and results in death or injury. A malpractice lawsuit that is successful could be able to recover compensation for future and past medical expenses, lost wages and consortium and pain and suffering.

Medical Records

Medical records are a critical part of any medical malpractice case. They typically contain a quantity of information, ranging from initial diagnosis to treatment plans. These records include digital images of patients flowsheets for surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These documents can help a malpractice lawyer determine whether the actions of a physician fell below the standards 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 a medical malpractice lawyer requests documents as part of an upcoming lawsuit against medical professionals for negligence, they may encounter significant administrative delays. A knowledgeable and experienced New York City medical malpractice attorney can help obtain the records quickly and efficiently.

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

Your lawyer must collect as much evidence as possible during the initial stages of your medical malpractice claim as you can in the beginning. This includes any and all medical documents, including the above information along with hospital bills, eyewitness accounts, and photographs of your injuries.

Expert Witnesses

Medical malpractice attorneys cases typically require the involvement of expert witnesses. They are typically medical professionals who can provide an opinion of a doctor regarding the incident, indicating whether negligence occurred or not. They are often asked to review medical records of a case and could be required to give testimony during the trial.

An expert witness could be a nurse, surgeon's assistant, doctor, physician or any other healthcare worker who has a significant amount of education and practical experience in the medical field. They can assist in explaining the complex medical aspects of a case to allow the jury to better comprehend them.

When the testimony of a medical expert is presented in court, it could be a powerful evidence tool to show that the defendant violated their duty of care and caused you harm as a result. It is important to note that these experts are required to swear an oath to only provide evidence they believe to be accurate. They are liable for any false statements which are later found to be untrue, which is why it is crucial to only select experts who are trustworthy and reliable.

An experienced lawyer for malpractice can evaluate a case and determine if an expert witness is needed. In certain cases, an expert's testimony may not be necessary because medical records show that a healthcare worker committed a mistake which led to your injury.

Depositions

Having reliable witness testimony can help establish that the medical professional failed to meet his or her obligation of care. Your malpractice lawyer may be able to locate witnesses like pharmacists, nurses, radiology technicians doctors who read test results ambulance attendants or other health care professionals who were in the operating room at the time of the negligent act, or who witnessed it from a different location. These witnesses can be interviewed and provide important information to prove your case.

Your New York malpractice lawyer may be able to recover a variety of types of damages on your behalf if you prevail in your case. 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 or loss of enjoyment in life disfigurement, emotional or mental anguish.

Some states place caps on the total amount of money that the patient could receive in a medical malpractice lawsuit. Your attorney can explain the implications of this on your case.

While the experience of a medical mistake can be devastating, a lot 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, skills and experience required to construct a strong case for you and your loved family members.

Trial

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

Even after a medical professional declares that a healthcare professional didn't meet the standard of care, proving that the provider's actions caused the victim's injuries can be a challenge. A skilled malpractice attorney can make use of the hospital's or physician's policies, protocols and guidelines to construct a case that establishes the defendant's negligence.

Many medical malpractice cases settle before trial. However, a seasoned attorney should be ready to bring your case to trial in the event that the insurance company refuses to settle a fair settlement amount in the course of negotiations prior to trial or if a jury verdict is more likely to result in a bigger damage award. Depending on the strengths of your case a medical malpractice lawyer could decide to pursue an appeal of the case, in which the higher court reviews the lower court's decision. This procedure is lengthy and requires the involvement of expert witnesses. However, it can be an important step to ensure your case gets an honest hearing.