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

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

Medical malpractice occurs when a doctor is not following accepted medical procedures and results in injury or death. A successful malpractice case can offer compensation for past and future: medical expenses, lost wages and consortium loss, and the pain and suffering.

Medical Records

Medical records are an essential element of any malpractice lawsuit. Medical records can contain an array of information, ranging from initial diagnoses and treatment plans. The majority of them contain digital images of the patient as well as flowsheets, reports of surgery, from operations or intensive care units, EKG tracings, informed consent forms and other pertinent documents. These documents can be used by a lawyer to determine if a doctor's actions were not in line with the standards of practice and caused harm.

Many healthcare providers and hospitals are required to supply copies of patients' medical records upon request. If a medical malpractice attorney requires records as part of a potential lawsuit, they may experience significant administrative delays. An experienced and dedicated New York City medical malpractice lawyer can obtain these records quickly and efficiently.

A medical malpractice case must be filed within a specific time frame, known as the statute of limitations. In New York, this means that you only have two and one-half years from the date of the law, omission or failure which caused you to make a claim.

In the beginning of a medical malpractice case, your lawyer will need the most evidence possible. This includes all your medical records including the above-mentioned information along with hospital invoices, eyewitnesses statements and photographs of your injuries.

Expert Witnesses

Medical malpractice cases often require the involvement of expert witnesses. They are typically medical professionals that can provide an opinion on the medical aspect of the incident, indicating whether negligence took place or not. They are often called upon to review the medical records of the case, and may be required to testify personally during the trial.

A nurse, surgeon assistant physician, doctor or other healthcare worker with significant knowledge and experience can be an expert witness. They can help the jury comprehend the complicated medical aspects of a claim.

When the testimony of a medical expert is presented in court, it could be a powerful tool to demonstrate that the defendant did not fulfill their duty of care and caused harm in the process. It is important to note that these experts must take an oath that they will only give the information they believe to be accurate. They are accountable for wrongful statements that are found to be untrue, which is why it is important to only hire experts who are trustworthy and reliable.

A seasoned lawyer who specializes in malpractice cases will evaluate the situation and determine if an expert witness is needed. In some cases, an expert's testimony is unnecessary because the medical records are clear and prove that the healthcare worker committed a mistake that led to your injury or disease.

Depositions

A reliable witness can help prove that a medical professional didn't fulfill their obligation to care. Your malpractice lawyer may be able to locate witnesses such as pharmacists, nurses radiology technicians, doctors who read test results ambulance attendants, or other health professionals who were in the operating room at the time of the negligence or witnesses from a different location. Witnesses can be questioned and can provide valuable information to prove your case.

There are several types of damages that your New York malpractice attorney may be able to recover on your behalf in an effective lawsuit. You may be able to recover your actual financial losses, including medical bills and lost wages. Other damages are also offered, including suffering and pain, loss of enjoyment of life, disfigurement, and emotional or mental distress.

Some states cap the amount patients can receive for a medical malpractice lawsuit. Your lawyer will explain the impact of this on your case.

While the aftermath of a medical error can be devastating, a lot of people are able to recover compensation from healthcare providers and the clinics or hospitals where they work. A New York medical negligence lawyer can provide you with the resources, skills and knowledge required to create 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 may suffer a variety of injuries. A mistake when administering blood thinners to patients who are at high risk of sustaining strokes could cause fatal injury. Duffy & Duffy, New York lawyers have the ability to file malpractice law firm lawsuits against doctors and pharmacists who have prescribed drugs that cause severe injuries.

Even if a medical professional states that a health care provider was not in compliance with the standard of care, proving the healthcare provider's actions are accountable for the injuries suffered by the victim can be difficult. A competent lawyer for malpractice can make use of hospital or doctor policies as well as protocols and guidelines to build a case that shows the defendant's negligence.

Many medical malpractice lawsuits settle before trial. Nevertheless, an experienced attorney should be ready to bring your case to trial when the insurance company is refusing to pay a reasonable settlement amount in pretrial negotiations, or if a jury verdict is more likely to result in a larger damage award. A medical malpractice attorney may decide to appeal a lower court decision, depending on the merits and importance of your case. This is a lengthy process and requires the involvement of experts. It is an essential element in ensuring that your case is heard fairly.