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

Medical malpractice cases are among the most complex and difficult to prevail. The best New York malpractice attorneys know how to navigate these cases.

Medical malpractice occurs when doctors deviate from the accepted medical practice that cause injury or death. A successful malpractice suit can provide compensation for future and past medical expenses, lost earnings and consortium loss, and pain and suffering.

Medical Records

Medical records are a critical part of any medical malpractice case. They often contain a great deal of information, from initial diagnosis to treatment plans. They typically include digital images of the patient, surgical reports, flowsheets from operations or intensive care units, EKG tracings, informed consent forms and other pertinent documents. These records can help 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. If a medical malpractice attorney seeks records as part of an upcoming lawsuit, they could face significant administrative delays. An experienced and dedicated New York City medical malpractice attorney can work to obtain these records quickly and efficiently.

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

Your lawyer should gather as much evidence in the early stages of your medical malpractice case as possible. This includes all of your medical records including the information above as well as hospital invoices, eyewitnesses' statements, and photos of your injuries.

Expert Witnesses

Expert witnesses are often needed in medical malpractice cases. They are typically medical professionals who can provide an opinion of a doctor regarding the case, including whether negligence took place or not. They are frequently asked to examine the medical records of a case, and may be required to testify personally during the trial.

An expert witness can be a surgeon's assistant, a doctor, physician or any other healthcare professional with a substantial amount of educational and practical experience in the medical field. They can help explain complex medical aspects of a claim so that the jury can better understand their role.

If the testimony of a medical professional is presented in court, it can be a powerful evidence tool to show that the defendant violated their duty of care and caused harm as a result. It is important to understand that these experts are required to swear an oath to only provide information that they believe is truthful. They are accountable for false claims that are proven to be false, and it is essential to select experts who are trustworthy and reliable.

An experienced lawyer who specializes in malpractice cases can review the case and determine whether an expert witness is required. In some cases, an expert's testimony is unnecessary because the medical documents are clear and demonstrate that the physician or healthcare professional committed a mistake that led to your injury or additional health issues.

Depositions

A reliable witness testimony can help establish that the medical professional failed to perform his duty of care. Your malpractice lawyer can find witnesses, such as pharmacists or nurses who were present in the operating room, or who observed the negligent act from another location. These witnesses can be deposed and may provide valuable information to back your case.

Your New York malpractice lawyer may be able to recover a variety of kinds of damages on your behalf if you win your lawsuit. These include reimbursement for malpractice Attorneys your actual financial losses, like medical expenses and lost wages, as well as non-economic damages that are more subjective, like pain and suffering, loss of enjoyment of life, disfigurement, emotional or mental distress.

Some states set limits on the amount a patient can receive in a medical malpractice suit. Your lawyer can explain the impact of this on your case.

Although the repercussions of a medical mistake can be devastating, a lot of people are able to 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 make a convincing claim for you and your family.

Trial

A variety of injuries could result from an error made in prescribing or dispensing medication. For example, a mistake in administering a blood thinner to patients already at risk for strokes can be fatal. Duffy & Duffy, New York lawyers have the ability to file malpractice law firm lawsuits against pharmacists and doctors who prescribe drugs that cause severe injury.

Even if a medical professional declares that a healthcare provider did not meet the standards of health care, proving that the provider's actions are responsible for the victim's injuries is difficult. A seasoned malpractice lawyer will use hospital or doctor policies as well as protocols and guidelines to present a case which establishes the defendant's negligence.

Many medical malpractice lawsuits settle prior to trial. An experienced lawyer is able to present your case in court if the insurance company does not agree to a fair settlement during negotiations prior to trial, or if a jury verdict could result in a greater damages award. Based on the strengths of your case medical malpractice lawyers may decide to pursue a case appeal, wherein an upper court reviews the lower court's decision. The process can be lengthy and requires the participation of experts. However, it can be an important step to ensure your case receives an honest hearing.