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

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

Malpractice occurs when doctors depart from accepted medical practices which can result in injury or death. A malpractice lawsuit that is successful may pay 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 component of any medical malpractice case. Medical records can contain many details including initial diagnoses and treatment plans. The majority of them contain digital images of the patient and their surgical reports, flowsheets from intensive care or operations units, EKG tracings, informed consent forms and other relevant documents. These records can assist a malpractice lawyer determine whether the actions of a doctor fell below the standard of care and triggered harm.

A lot of hospitals and healthcare providers are required to supply copies of medical records upon request. However, when a medical malpractice lawyer requests records in the context of a possible lawsuit against an healthcare provider for negligence, they could face significant administrative delays. An experienced and dedicated New York City medical malpractice lawyer can obtain these records quickly and efficiently.

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

During the early stages of a medical negligence claim, your lawyer will need as much evidence as is possible. This includes any and all of your medical documents, including the above information along with hospital bills, eyewitness accounts and photographs of your injuries.

Expert Witnesses

Medical malpractice cases usually require the use of experts as witnesses. They are usually medical professionals with the ability to offer an opinion on the situation and whether negligence occurred or not. They are usually called upon to review the medical records of the case, and they may also be required to testify personally during the trial.

An expert witness could be a surgeon's assistant, doctor, physician, or any other healthcare professional with a substantial amount of educational and practical experience in the medical field. They can help the jury be able to comprehend the medical aspects involved in a case.

When a medical expert's testimony is presented in court, it could be a powerful tool to show that the defendant violated their duty of care and caused harm as a result. Experts are legally bound to only present information they believe is authentic. They are accountable for wrongful statements that are later proven to be false, therefore it is important to only hire experts who are reliable and trustworthy.

An experienced malpractice lawyer can assess a case to determine whether an expert witness is required. In certain cases an expert's testimony might not be needed because medical records demonstrate that a doctor or healthcare worker made an error that caused your injury.

Deposits

A reliable witness testimony can help establish that the medical professional failed to perform his duty of care. Your malpractice lawyer may be able locate witnesses such as 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 another location. Witnesses can be questioned and provide important information to back your claim.

Your New York malpractice lawyer may be able to collect a variety of kinds of damages on your behalf if you win your case. You can recover your actual financial losses such as medical bills and lost wages. Non-economic damages are also available, including pain and suffering, loss enjoyment of life, disfigurement and mental or emotional distress.

Some states set limits on the amount patients can receive in a medical negligence lawsuit. Your lawyer can explain how this impacts your case.

Although the repercussions of a medical error could be devastating, a lot of people are able to obtain compensation from the clinics or healthcare providers in which they work. A New York medical malpractice lawyer will have the knowledge, resources and experience necessary to make a convincing claim for you and your family.

Trial

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

Even if a medical professional confirms that a healthcare professional did not meet the standard of health care, proving that the doctor's actions caused the victim's injuries may be difficult. A competent malpractice lawyer can make use of the hospital's or doctor's policies, protocols, and guidelines to create an argument that proves defendant's incompetence.

Many medical malpractice lawsuits settle before trial. However, a knowledgeable lawyer should be prepared to bring your case to trial when the insurance company is refusing to settle a fair settlement amount in the course of negotiations prior to trial or a jury verdict is more likely to result in a larger damages award. Depending on the quality of your case a medical malpractice lawyer may be able to seek an appeal in which an appeals court will review the decision of a lower court. This is a lengthy process and requires the involvement of experts. It is an essential step in ensuring your case is heard with respect.