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

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

Malpractice happens when a doctor breaks from accepted medical practice and results in death or injury. A malpractice lawsuit that is successful will offer compensation to pay for the past and future medical expenses, lost wages and consortium and suffering and pain.

Medical Records

Medical records are an essential component of any malpractice case. They often contain a great deal of information, from initial diagnosis to treatment plans. Most often, they include digital images of the patient and their surgical reports, flowsheets from operations or intensive care units, EKG tracings, informed consent forms, and other pertinent documents. These documents can aid a malpractice lawyer determine whether the actions of a doctor fell below the standard of care and triggered harm.

Many hospitals and healthcare providers are required by law to provide patients with copies of their medical records upon request. However, if a medical malpractice lawyer requests documents as part of a potential lawsuit against an healthcare provider for negligence, they could be faced with significant administrative issues. A New York City medical negligence attorney who is committed and knowledgeable can get these records quickly.

A medical malpractice claim must be filed within a specific 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 the date of the law, omission or failure which caused you to make a claim.

In the beginning stages of a claim for medical malpractice, your lawyer will need the most evidence possible. This includes any and all of your medical records, including the aforementioned information, but also hospital bills, eyewitness accounts and photographs of your injuries.

Expert Witnesses

Expert witnesses are typically required in medical malpractice cases. They are typically medical professionals who can offer an opinion on the medical aspect of the case, including whether negligence occurred or not. They are often required to review the medical documents of a case, and could be required to testify at the trial.

A nurse, surgeon assistant doctor, surgeon assistant, or any other healthcare professional with significant training and experience could be an expert witness. They can help the jury to understand the complex medical aspects of a case.

If the testimony of a medical professional is presented in court, it could be an effective tool to demonstrate that the defendant did not fulfill their duty of care and caused you harm in the process. Experts are required by law to swear that they only provide information they believe to be accurate. They are accountable for false claims that are proven to be false, so it is essential to only hire experts who are trustworthy and reliable.

An experienced malpractice lawyer can evaluate a case and determine whether an expert witness is required. In some instances, the expert's testimony is not necessary because the medical records are clear and prove that the doctor or healthcare professional made a mistake which led to your injury or disease.

Depositions

Having reliable witness testimony can help establish that the medical professional did not to fulfill his or her duty of care. Your malpractice lawyer may be able to locate witnesses like nurses, pharmacists radiology technicians, doctors who read test results ambulance attendants and other health professionals who were in the operating room at the time of the negligent act or witnesses from a different location. These witnesses can be interviewed and can 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 win your lawsuit. You may be able to recover your actual financial losses like medical bills and lost wages. Other damages are also offered, including suffering and suffering, loss of enjoyment of life, disfigurement, and mental or emotional distress.

Certain states impose caps on the amount patients can receive in a medical malpractice suit. Your lawyer will explain the impact of this on your case.

Although the impact of a medical error can be traumatic, thousands of people can claim compensation from healthcare providers and the hospitals or clinics in which they work. A New York medical malpractice lawyer can provide the skills, resources and experience to create a solid claim for you and your family.

Trial

A variety of injuries could result from an error in prescribing or dispensing medication. A mistake when administering blood thinners to patients at high risk of sustaining strokes could be fatal. New York attorneys at Duffy & Duffy can bring malpractice attorney claims against pharmacists, doctors, and optometrists who have wrongly prescribed medications that can cause serious injuries.

Even if a medical professional certifies that a healthcare provider was not in compliance with the standard of health care, proving the healthcare provider's actions are responsible for the victim's injuries is difficult. A competent malpractice lawyer will rely on hospital or doctor's policies, protocols and guidelines to build a case that establishes the defendant's incompetence.

Many medical malpractice cases settle prior to trial. A knowledgeable attorney is prepared to present your case in court if the insurance company refuses a reasonable settlement during negotiations prior to trial, or if a jury verdict could result in a larger damage award. Based on the strength of your case, a medical malpractice lawyer may be able to seek an appeal of the case, in which an appeals court will review the lower court's decision. The process can be lengthy and requires the involvement of experts. However, it can be essential to ensure your case gets an impartial hearing.