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

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

Medical malpractice occurs when a doctor is not following accepted medical procedures and results in death or injury. A successful malpractice lawsuit could pay for past and future: medical expenses, lost earnings lost consortium, and pain and suffering.

Medical Records

Medical records are a critical part of any medical negligence case. They often contain a great amount of information, from initial diagnoses to treatment plans. The majority of them contain digital images of the patient, surgical reports, flowsheets from intensive care or operations units, EKG tracings, informed consent forms and other relevant documents. These documents can aid an attorney who is a victim of malpractice determine if a doctor's actions fell below the standard of care and triggered harm.

Many hospitals and healthcare providers are legally required to provide patients with copies of their own medical records upon request. However, if an attorney for medical malpractice requests documents in connection with an upcoming lawsuit against an healthcare provider for negligence, they could be faced with significant administrative issues. A New York City medical negligence attorney who is dedicated and experienced can work to get these records as quickly as possible.

The statute of limitations is a limitation of time within which a medical malpractice claim has to be filed. In New York this means you only have two and one quarter years to file a claim from the date that the act, omission, or failure caused harm to you.

Your lawyer must gather as much evidence in the initial stages of your medical malpractice case as possible. This would include all of your medical records, including the aforementioned information as well as hospital bills, eyewitness testimony as well as photographs of your injuries.

Expert Witnesses

Expert witnesses are frequently required in medical malpractice cases. These are generally medical professionals who can offer an opinion on the medical aspect of the case, including whether negligence took place or not. They are often called upon to look over the medical records in a case and they could also be required to testify personally during the trial.

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

If the testimony of a medical professional is presented in court, it could be a powerful evidence tool to prove the defendant breached their duty of care and caused harm in the process. These experts are legally bound that they only provide evidence they believe to be true. They can be held liable for any false statements that are proven to be false, and it is essential to hire experts who are reliable and trustworthy.

A skilled malpractice lawyer can review a case and determine if an expert witness is needed. In some cases an expert's report may not be necessary since medical records demonstrate that a doctor or healthcare worker made an error that caused your injury.

Depositions

The testimony of a reliable witness will prove that the medical professional failed to meet his or her duty of care. Your malpractice lawyer can find witnesses, like nurses or pharmacists who were in the operating room, or who witnessed the negligence from another location. They can be deposed and provide important information to support your claim.

There are a variety of damages that your New York malpractice attorney may recover on your behalf in the event of a successful lawsuit. You may be able to recover your actual financial losses, including medical bills and lost wages. Additionally, non-economic damages are offered, including pain and suffering, loss enjoyment of life, disfigurement and mental or emotional distress.

Certain states have caps on the amount the patient could receive in a medical malpractice suit. Your attorney can explain the implications of this on your case.

While the consequences of a medical error can be devastating, a lot of people do receive compensation from healthcare providers as well as the hospitals or clinics in which they work. A New York medical malpractice lawyer has the knowledge and resources to build a strong claim for you and your family.

Trial

In the event of an error in prescribing or dispensing of medication, patients can be afflicted with many kinds of injuries. For instance, a lapse in the administration of a blood thinner to patients who are already at risk for strokes could be fatal. New York attorneys at Duffy & Duffy can assert malpractice claims against doctors, pharmacists and optometrists for wrongfully prescribing medications that cause severe injury.

Even after a medical professional affirms that a healthcare provider didn't meet the standard of care, proving that the provider's actions caused the victim's damage isn't easy. A skilled attorney for malpractice can use hospital or doctor's policies, protocols and guidelines to help build an argument that proves the defendant's incompetence.

Many medical malpractice cases settle before trial. However, a skilled lawyer should be prepared to take your case to trial should the insurance company decide not to settle a fair settlement amount in the course of negotiations prior to trial or if a jury verdict is more likely to result in a larger damages award. Based on the strength of your case, medical malpractice lawyers may be able to seek an appeal process, where the higher court reviews a lower court's decision. The process can be lengthy and requires the participation of expert witnesses. It is an important step to ensure your case gets an impartial hearing.