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. The best New York malpractice attorneys know how to win these cases.

Malpractice occurs when doctors depart from the accepted medical practice which can result in injury or death. A successful malpractice lawsuit could pay for the past and future medical expenses, lost wages, loss of consortium, and the pain and suffering.

Medical Records

Medical records are an essential part of any medical negligence case. Medical records can include lots of information, ranging from initial diagnoses and treatment plans. These records can include digital photos of patients, surgical reports, flowsheets for intensive care units or operations, EKG tracings and other relevant documents. These records can be used by lawyers to determine if a physician's actions were not within the norms of practice and caused harm.

Many healthcare facilities and hospitals are required by law to provide patients with copies of their own medical records upon request. However, when medical malpractice lawyers request records in the context of a potential lawsuit against the health care provider for negligence, they may be faced with significant administrative issues. A knowledgeable and experienced New York City medical malpractice attorneys attorney can work to obtain the records quickly and efficiently.

The statute of limitations is a time limit 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 when the act, omission, or failure caused harm to you.

Your lawyer must gather as much evidence as they can in the early stages of your medical malpractice claim. This includes any and all of your medical documents, including the above information along with hospital bills, eyewitness testimony as well as photographs of your injuries.

Expert Witnesses

Expert witnesses are usually required in medical malpractice cases. They are usually medical professionals with the ability to offer an opinion on the case and whether negligence was involved. They are often called upon to examine the medical records of the case, and they might also be required to testify in person at the trial.

A surgeon assistant, nurse, physician, doctor, or any other healthcare professional who has a solid education and practical experience can be an expert witness. They can provide a clear explanation of the medical aspects of a case to help the jury better comprehend their role.

A medical expert's testimony could be a powerful tool for evidence that the defendant did not fulfill their duty of caring and caused you harm. These experts are legally required to swear to only provide evidence they believe to be authentic. It is essential that you choose experts who are trustworthy and have a track record of reliability.

An experienced lawyer who specializes in malpractice cases can assess the case and determine if an expert witness is required. In some cases, an expert's testimony is not needed because the medical records are clear and show that the physician or healthcare professional made a mistake that lead to your injury or additional illness.

Deposits

A credible witness can prove that a medical professional didn't fulfill their duty of care. Your malpractice lawyer might be able to identify witnesses such as pharmacists, nurses, radiology technicians, doctors who read test results ambulance attendants and other health care professionals who were in the operating room at the time of the negligent act, or who witnessed it from another location. They can be deposed and can provide valuable information to back your claim.

There are several types of damages that your New York malpractice attorney may recover on your behalf in a successful lawsuit. They include reimbursement for actual financial losses, including medical expenses and lost wages, as well as non-economic damages that are more subjective, such as pain and suffering as well as loss of enjoyment of life and disfigurement, as well as mental or emotional anguish.

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

While the aftermath of a medical error can be devastating, thousands of people can claim compensation from healthcare providers and the clinics or hospitals where they work. A New York medical negligence lawyer can provide you with the resources, knowledge and expertise needed to build a solid case for yourself and your loved family members.

Trial

A variety of injuries can result from a mistake in prescribing or dispensing medication. A mistake in the administration of blood thinners to patients who are at risk of stroke can cause fatal injury. New York attorneys at Duffy & Duffy can make malpractice lawsuits against doctors, pharmacists and optometrists who have wrongly prescribed drugs that lead to severe injury.

Even if a medical expert declares that a healthcare professional was not up to the standard of care, proving the provider's actions caused the victim's injuries isn't easy. A skilled attorney for malpractice can make use of the hospital's or physician's policies, protocols and guidelines to create a case that establishes the defendant's incompetence.

Many medical malpractice lawsuits settle before trial. Nevertheless, an experienced lawyer should be prepared to take your case to trial when the insurance company is refusing to pay a reasonable settlement amount during pretrial negotiations or if a jury's verdict is more likely to result in a higher damages award. Based on the strengths of your case medical malpractice lawyers may also decide to pursue an appeal process, where an appeals court will review a lower court's decision. This process can be lengthy and requires expert testimony. But, it is an important step to ensure your case is given a fair hearing.