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

Medical malpractice cases are among the most difficult and difficult to win. The best New York malpractice attorneys know how to successfully navigate these cases.

Medical malpractice occurs when a doctor departs from accepted medical practices and results in death or injury. A malpractice lawsuit that is successful may be able to recover compensation for the past and future medical expenses, lost wages and consortium in addition to suffering and pain.

Medical Records

Medical records are an essential element of any medical malpractice case. Medical records may contain many details, ranging from initial diagnoses and treatment plans. These records can include digital photos of patients, surgical reports, flowsheets for intensive care units or operations, EKG tracings and other relevant documents. These documents can be used by lawyers to determine whether a doctor's actions fell below the standards of practice and harmed.

A lot of hospitals and healthcare providers have to provide copies of patients' medical records upon request. When a medical malpractice attorney requests records as part of a lawsuit, they might face significant administrative delays. An experienced and dedicated New York City medical malpractice attorney can work to obtain the records quickly and efficiently.

The statute of limitations is a limitation of time within which a medical negligence claim must be filed. In New York, this means that you have only two and one-half years from the date of the act or the omission or mistake that caused you harm to make a claim.

Your lawyer should gather as much evidence as they can in the early stages of your medical malpractice case. This includes all of your medical records including the information above and hospital invoices, eyewitnesses' testimony as well as photos of your injuries.

Expert Witnesses

Medical malpractice cases usually require the use of expert witnesses. They are typically medical professionals who are able to provide an opinion from a medical professional regarding the incident, indicating whether negligence occurred or not. They are usually called upon to examine the medical records in a case and they could also be required to appear in person during the trial.

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

A medical expert's testimony could be a powerful tool in showing that the defendant acted in violation of their duty of caring and caused you harm. They are legally required to swear to only present evidence they believe to be true. They could be held accountable for statements which are later found to be false, so it is essential to select experts who are reliable and trustworthy.

An experienced lawyer for malpractice can assess a case to determine whether an expert witness is required. In some instances an expert's report may not be required because the medical records clearly demonstrate that a healthcare worker made an error that caused your injury.

Depositions

Having reliable witness testimony can establish that the medical provider failed to meet his or her obligation of care. Your malpractice lawyer can locate witnesses, like nurses or pharmacists who were present in the operating room, or who witnessed the negligence from a different location. Witnesses can be questioned, and provide valuable information to prove your case.

There are many types of damages that your New York malpractice attorney may be able to recover on your behalf in an effective lawsuit. You could recover your actual financial losses like medical bills and lost wages. Non-economic damages are also available, such as suffering and pain, loss of enjoyment of life, disfigurement, and mental or emotional distress.

Some states cap the amount that a patient can receive in a medical malpractice suit. Your lawyer can explain the effect of this on your case.

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

Trial

In the event of an error in the prescribing or dispensing of medication patients can be afflicted with a variety of injuries. A mistake when administering blood thinners for patients at risk of stroke could be fatal. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against doctors and pharmacists who prescribed drugs that cause serious injury.

Even after a medical expert testifies that a healthcare provider didn't meet the standard of care, proving that the care provider's actions contributed to the victim's damages can be challenging. A skilled malpractice attorney can rely on the hospital or doctor's policies, protocols and guidelines to help build a case that proves the defendant's negligence.

Many medical malpractice lawsuits settle before trial. An experienced attorney is prepared to present your case in court if the insurance provider is unwilling to accept a reasonable settlement during negotiations prior to trial, or if a jury verdict would result in a larger damage award. A medical malpractice attorney might decide to appeal a lower court decision, depending on the strength and worth of your case. The process can be long and involves expert witnesses. It is a crucial step to ensure that your case is heard with respect.