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

Medical malpractice cases can be among the most complicated and difficult to get. 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 can pay compensation for future and past medical expenses, lost wages and consortium, as well as suffering and pain.

Medical Records

Medical records are an essential component of any medical malpractice case. They often contain a great amount of information, from initial diagnoses to treatment plans. Most often, they include 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 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 required by law to provide patients with copies of their medical records upon request. However, when medical malpractice lawyers request records in the context of the possibility of suing medical professionals for negligence, they could face significant administrative delays. A New York City medical negligence lawyer who is committed and experienced can work to get these records as quickly as possible.

The statute of limitations is a period within which a medical negligence claim has to be filed. In New York this means you have only two and a quarter years to file a lawsuit from the date of the incident, omission, or failure caused harm to you.

Your lawyer must gather as much evidence as possible in the beginning stages of a medical malpractice claim as you can in the beginning. This includes all of your medical records, including the aforementioned information, but also eyewitness statements, hospital bills and photos of your injuries.

Expert Witnesses

Expert witnesses are often needed in medical malpractice cases. They are usually medical professionals who have the ability to provide an opinion about the case and whether negligence was involved. They are often required to look over the medical records of a case and might be required to testify at trial.

A surgeon assistant, nurse physician, doctor or other healthcare worker with significant training and experience could be an expert witness. Expert witnesses can help explain the complicated medical aspects of a case so that the jury can better comprehend them.

A medical expert's report can be a powerful tool for showing that the defendant has violated their duty to care and caused you harm. They are legally required to swear to only present the information they believe to be true. They are accountable for wrongful statements that are found to be false, and 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 needed. In some cases, the expert's testimony is not necessary because the medical records are clear and prove that the healthcare worker committed a mistake that led to your injury or additional health issues.

Deposits

Witness testimony from a credible source will prove that the medical provider failed to perform his duty of care. Your malpractice lawyer might be able locate witnesses such as nurses, pharmacists, radiology technicians doctors who have read test results ambulance attendants or other health professionals who were in the operating room at the time of the wrongful act or who witnessed it from a different location. These witnesses can be deposed, and provide valuable information to support your claim.

There are various types of damages that your New York malpractice attorney may recover on your behalf in a successful lawsuit. You may be able to recover your actual financial losses such as medical bills and lost wages. Other damages are also available, such as suffering and pain, loss of enjoyment of life, disfigurement or mental or emotional distress.

Certain states limit the amount the patient could receive as a result of a medical malpractice suit. Your lawyer can explain the effect of this on your case.

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

Trial

A variety of injuries can result from an error in prescribing or dispensing medication. A mistake in the administration of blood thinners to patients at risk of stroke can be fatal. Duffy & Duffy, New York lawyers can bring malpractice suits against doctors and pharmacists who have prescribed medications that cause serious injury.

Even after a medical professional testifies that a healthcare provider did not meet the standards of care, proving that the healthcare provider's actions led to the victim's damage isn't easy. A competent malpractice lawyer can make use of the hospital's or doctor's policies, protocols, and guidelines to construct a case that proves the defendant's incompetence.

Many medical malpractice lawsuits settle before trial. An experienced attorney will be prepared to present your case to court if the insurance provider does not agree to a fair settlement during negotiations before trial, or if jury verdict would result in a greater damages award. Based on the strength of your case medical malpractice lawyers may decide to pursue an appeal in which a higher court reviews the lower court's decision. The process can be lengthy and requires the involvement of experts. However, it's crucial to ensure that your case is given a fair hearing.