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

Medical malpractice claims can be among the most difficult and complex to get. Fortunately, top New York malpractice lawyers know how to navigate these cases successfully.

Malpractice occurs when doctors depart from the accepted medical practice which can result in injury or death. A malpractice lawsuit that is successful will provide compensation to cover future and past medical expenses, lost wages, consortium as well as suffering and pain.

Medical Records

Medical records are an essential element of any medical malpractice law firm case. They often contain a amount of information, from initial diagnosis to treatment plans. Typically, these 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 pertinent documents. These records can assist an attorney for malpractice determine if the actions of a physician fell below the norm of care and caused harm.

Many hospitals and healthcare providers are required by law to provide patients with copies of their medical records upon request. However, if medical malpractice lawyers request records in the context of an upcoming lawsuit against an healthcare provider for negligence, they could encounter significant administrative delays. A New York City medical negligence attorney who is committed and experienced can work to obtain these records swiftly.

A medical malpractice law firms case must be filed within a specific time period, also known as the statute of limitations. In New York, this means that you have only two and two-and-a-half years from the date of the law or the omission or mistake that led to your injury to bring a lawsuit.

Your lawyer must collect as much evidence as possible during the beginning stages of your medical malpractice case as possible. This includes all medical documents, including the mentioned information, but also hospital bills, eyewitness statements, and photographs of your injuries.

Expert Witnesses

Medical malpractice cases often require the use of expert witnesses. These are generally medical professionals who are able to provide an opinion on the medical aspect of the situation, and whether negligence took place or not. They are frequently called upon to examine the medical records in a case and may be required to appear in person during the trial.

An expert witness could be a nurse, surgeon's assistant, doctor, a physician or any other healthcare worker who has a significant amount of education and practical experience in the medical field. They can provide a clear explanation of the medical aspects of a claim to help the jury better understand their arguments.

A medical expert's testimony can be a powerful tool in showing that the defendant has violated their duty of caring and caused harm to you. These experts are legally required to swear to only present information they believe is accurate. They are liable for any false statements that are later proven to be untrue, which is why it is crucial to only select experts who are reliable and trustworthy.

A skilled malpractice lawyer can assess a case to determine if an expert witness is needed. In some instances, the expert's testimony is not necessary because the medical records are clear and prove that the doctor or healthcare professional committed a mistake that led to your injury or additional health issues.

Depositions

Witness testimony from a credible source can help establish that the medical provider failed to fulfill his duty of care. Your malpractice lawyer might be able to identify witnesses such as pharmacists, nurses 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 witnesses from a different location. They can be deposed and can provide valuable information to support your claim.

Your New York malpractice lawyer may be able to collect a variety of types of damages on your behalf if you prevail in your case. These include compensation for actual financial losses, including medical expenses and lost wages, as well as non-economic damages that are more subjective, like pain and suffering and loss of enjoyment life disfigurement, mental or emotional anguish.

Some states cap the amount the patient could receive as a result of a medical malpractice lawsuit. Your lawyer can explain the effect of this on your case.

Although the repercussions of a medical error may be catastrophic, many are able to obtain compensation from the healthcare providers or clinics in which they work. A New York medical negligence lawyer can provide you with the tools, resources and experience needed to build an impressive case for you and your loved ones.

Trial

Many injuries can result from a mistake made when prescribing or dispensing medication. For instance, a mistake when administering a blood thinner to patients already at risk of having strokes could be fatal. Duffy & Duffy, New York lawyers are able to file malpractice suits against pharmacists and doctors who prescribe medications that cause serious injury.

Even if a medical expert confirms that a healthcare professional did not meet the standard of health care, proving that the doctor's actions caused the victim's injuries is difficult. A skilled attorney for malpractice can rely on the hospital or physician's policies, protocols and guidelines to build an argument that proves the defendant's negligence.

Many medical malpractice lawsuits settle prior to trial. A seasoned attorney is able to present your case to court if the insurance company refuses a reasonable settlement during the pre-trial negotiations, or if a jury verdict would result in a larger damage award. Based on the strength of your case medical malpractice lawyers may be able to seek a case appeal, wherein a higher court reviews the lower court's decision. This process can be time-consuming and involves expert witnesses. It is essential to ensure your case is given an honest hearing.