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

Medical malpractice cases can be among the most complex and difficult to be successful. The best New York malpractice attorneys know how to handle these cases.

Malpractice occurs when a doctor does not follow accepted medical practices and results in injury or death. A malpractice lawsuit that is successful will offer compensation to pay for past and future medical expenses, lost wages and consortium, as well as suffering and pain.

Medical Records

Medical records are an essential part of any medical malpractice case. They typically contain a amount of information, ranging from initial diagnoses to treatment plans. They include digital photographs of patients flowsheets of surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These records can help an attorney for malpractice determine if a doctor's actions fell below the standard of care and caused harm.

Many hospitals and healthcare providers are legally required to provide patients with copies of their own medical records upon request. However, if medical malpractice lawyers request documents in connection with the possibility of suing the health care provider for negligence, they could encounter significant administrative delays. A New York City medical negligence attorney who is dedicated and knowledgeable can get these records as quickly as possible.

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

Your lawyer will need to collect as much evidence as possible during the beginning stages of a medical malpractice case. This includes all of your medical documents, including the above information and hospital bills, eyewitness accounts and photographs of your injuries.

Expert Witnesses

Expert witnesses are usually required in medical malpractice cases. These are generally medical professionals that can provide an opinion from a medical professional regarding the incident, indicating whether negligence took place or not. They are often called upon to look over the medical records of a case, and may be required to testify in person during the trial.

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

A medical expert's testimony could be a powerful tool for proving that the defendant violated their duty to care and caused harm to you. They are required by law to swear that they only provide information they believe is true. They are accountable for false claims that are found to be false, so it is essential to only hire experts who are trustworthy and reliable.

A seasoned lawyer who specializes in malpractice cases will evaluate the case and determine whether an expert witness is required. In certain cases, the expert's testimony is unnecessary because the medical records are clear and prove that the doctor or healthcare professional made a mistake which led to your injury or additional illness.

Deposits

Having reliable witness testimony can establish that the medical provider failed to fulfill his duty of care. Your malpractice lawyer can identify witnesses, like nurses or pharmacists who were present in the operating room, or who observed the negligent act from an alternate location. They can be deposed, and provide valuable information to prove your case.

There are several types of damages that your New York malpractice attorney may obtain on your behalf if you file the event of a successful lawsuit. You can seek to recover your real financial losses such as medical bills and lost wages. Non-economic damages are also available, including pain and suffering, loss enjoyment of life, disfigurement or emotional or mental distress.

Some states place caps on the total amount of money that a patient can receive in a medical malpractice lawsuit. Your lawyer can explain the effect of this on your case.

While the consequences of a medical error could be devastating, many people can recover compensation from the clinics or healthcare providers in which they work. A New York medical malpractice lawyer has the knowledge as well as the resources and expertise to create a solid claim for you and your family.

Trial

A variety of injuries may result from a mistake made when prescribing or dispensing medication. For instance, a mistake when administering a blood thinner to patients who are already at risk for strokes can be fatal. New York attorneys at Duffy & Duffy can assert malpractice lawsuits against pharmacists, doctors and optometrists who have wrongly prescribed medications that can cause serious injury.

Even if a medical professional certifies that a healthcare provider did not meet the standards of health care, proving that the doctor's actions were responsible for the victim's injuries can be difficult. A skilled malpractice attorney can use hospital or doctors' policies, protocols, and guidelines to construct an argument that proves defendant's incompetence.

Many medical malpractice cases settle before trial. An experienced lawyer will be able to take your case to the court if the insurance company does not agree to a fair settlement during negotiations before trial, or if jury verdict could result in a larger damages award. A medical malpractice attorney could choose to appeal a lower court's decision, based on the strength and worth of your case. This procedure can be lengthy and may require expert witnesses. It can be a crucial step to ensure that your case is heard in a fair manner.