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

Medical malpractice claims can be among the most complex and difficult to win. Fortunately, the best New York malpractice lawyers know how to navigate these cases successfully.

Malpractice occurs when doctors stray from the accepted medical practice and cause injury or even death. A malpractice lawsuit that is successful could pay compensation for the past and future medical expenses, lost wages and consortium as well as pain and suffering.

Medical Records

Medical records are a crucial component of any malpractice case. They often contain a great amount of information, ranging from initial diagnoses to treatment plans. They typically include digital images of the patient and their surgical reports, flowsheets from operations or intensive care units, EKG tracings, informed consent forms 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 healthcare facilities and hospitals are required by law to provide patients with copies of their own medical records upon request. However, if medical malpractice attorneys lawyers request records in the context of an upcoming lawsuit against a health care provider for negligence, they could experience significant administrative delays. A dedicated and experienced New York City medical malpractice attorney can get the records quickly and efficiently.

A medical malpractice claim must be filed within a specified timeframe, referred to as the statute of limitations. In New York, this means that you only have two and two and a half years from date of the law or omission that led to your injury to make a claim.

Your lawyer must collect as much evidence as possible during the beginning stages of a medical malpractice case. This includes all your medical records including the information above as well as hospital invoices, eyewitnesses' testimony as well as photos of your injuries.

Expert Witnesses

Expert witnesses are frequently required in medical malpractice cases. They are usually medical professionals who have the ability to give an opinion on the situation and whether negligence took place. They are usually called upon to examine the medical records of the case, and may be required to appear in person during the trial.

A surgeon assistant, nurse physician, doctor or other healthcare worker with significant knowledge and experience can be an expert witness. They can help explain complex medical aspects of a claim so that the jury can better understand their arguments.

When a medical expert's testimony is presented in court, it can be a powerful tool used to show that the defendant violated their duty of care and caused you harm in the process. It is crucial to keep in mind that medical experts are required to take an oath to only provide the information they believe to be truthful. They could be held accountable for wrongful statements which are later found to be false, so it is crucial to only employ experts who are reliable and trustworthy.

An experienced lawyer who specializes in malpractice cases can review the case and determine if an expert witness is needed. In some instances, the expert's testimony is not necessary because the medical documents are clear and prove that the physician or healthcare professional made a mistake that led to your injury or additional disease.

Deposits

A reliable witness can determine that a medical professional was not able to fulfill his obligation of care. Your malpractice lawyer can locate witnesses, such as pharmacists or nurses who were in the operating room or who observed the negligent act from another location. These witnesses can be deposed and can provide important information to support your case.

There are a variety of damages that your New York malpractice attorney may be able to recover on your behalf in a successful lawsuit. These include reimbursement for your actual financial losses, including medical expenses and lost wages, and non-economic damages that are more subjective, like pain and suffering, loss of enjoyment of life, disfigurement, emotional or mental anguish.

Certain states have caps on the total amount of money that patients can receive in a medical negligence lawsuit. Your attorney will explain how this affects your case.

Although the impact of a medical mistake can be traumatic, thousands of people can claim compensation from healthcare providers as well as the clinics or hospitals where they work. A New York medical malpractice lawyer will have the knowledge, resources and experience necessary to build a strong claim for you and your family.

Trial

A variety of injuries could result from an error in prescribing or dispensing medication. For instance, a lapse in the administration of a blood thinner to patients who are already at risk of having strokes could be fatal. New York attorneys at Duffy & Duffy can assert malpractice lawsuits against pharmacists, doctors, and optometrists for wrongfully prescribing medications that can cause serious injury.

Even if a medical expert declares that a healthcare provider did not meet the standard of care, proving that the provider's actions are responsible for the victim's injuries can be difficult. A competent malpractice lawyer can rely on the hospital or doctors' policies, protocols, and guidelines to build an argument that proves defendant's negligence.

Many medical malpractice cases settle prior to trial. An experienced attorney will be prepared to present your case in court if an insurance company is unwilling to accept a reasonable settlement during negotiations prior to trial, or if a jury verdict would result in a greater damages award. Based on the strengths of your case medical malpractice lawyers may decide to file a case appeal, wherein an appeals court will review the decision of a lower court. This procedure is lengthy and requires the involvement of experts. It can be a crucial step to ensure that your case is heard fairly.