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Medical malpractice claims are among the most complex and difficult to win. Top New York malpractice attorneys know how to successfully navigate these cases.
Malpractice occurs when a physician does not follow accepted medical practices and results in death or injury. A malpractice lawsuit that is successful may pay compensation for past and future medical expenses, lost wages, consortium, as well as pain and suffering.
Medical Records
Medical records are an essential part of any medical negligence case. Medical records can contain many details which range from the initial diagnosis and 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 documents can help a malpractice lawyer determine whether a doctor's actions fell below the standards of care and caused harm.
Many healthcare facilities and hospitals are required by law to provide patients with copies of their medical records upon request. However, when an attorney for medical malpractice requests documents in connection with a potential lawsuit against medical professionals for negligence, they could experience significant administrative delays. A New York City medical negligence attorney who is committed and knowledgeable can get these records as quickly as possible.
A medical malpractice claim must be filed within a specified time frame, which is known as the statute of limitations. In New York, this means that you only have two and two and Malpractice Attorneys a half years from date of the act or omission which caused you to pursue a lawsuit.
Your lawyer will need to gather as much evidence as possible in the early stages of your medical malpractice case. This includes any and all of your medical documents, including the mentioned information, but also eyewitness statements, hospital bills and photos of your injuries.
Expert Witnesses
Medical malpractice cases often require the use of expert witnesses. These are generally medical professionals who can offer an opinion from a medical professional regarding the situation, and whether negligence took place or not. They are frequently asked to review the medical records of a case and could be required to testify at the trial.
An expert witness can be a 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 so that jurors can better understand their arguments.
If the testimony of a medical professional is presented in court, it could be a powerful tool used to establish that the defendant has violated their duty of care and caused harm in the process. These experts are legally bound to only give the information they believe to be accurate. They are accountable for false claims which are later found to be untrue, which is why it is crucial to only select experts who are trustworthy and reliable.
An experienced lawyer who is skilled in malpractice cases can review the situation and determine if an expert witness is needed. In some instances, the expert's testimony is not needed because the medical documents are clear and prove that the healthcare worker made a mistake that lead to your injury or illness.
Depositions
A reliable witness can determine that a medical professional was not able to fulfill his obligation to care. Your malpractice lawyer may be able locate witnesses such as nurses, pharmacists, 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 vital details to support 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 case. You can seek to recover your real financial losses, such as medical bills and lost wages. Additionally, non-economic damages are accessible, such as the loss of enjoyment of life, disfigurement and mental or emotional distress.
Some states cap the amount a patient may receive for a medical malpractice suit. Your lawyer can explain how this impacts your case.
Although the impact of a medical error could be devastating, many people are able to seek compensation from the healthcare providers or clinics where they work. A New York medical negligence lawyer can provide you with the resources, skills and experience required to construct an impressive case for you and your loved family members.
Trial
A variety of injuries could result from an error in prescribing or dispensing medication. For instance, a mistake in the administration of a blood thinner to patients who are already at risk of suffering strokes could be fatal. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against doctors and Malpractice attorneys pharmacists who have prescribed drugs that cause serious injury.
Even if a medical expert states that a healthcare practitioner didn't meet the standard of care, proving the actions of the provider caused the victim's injuries can be challenging. A competent malpractice lawyer can utilize the policies of a doctor or hospital as well as protocols and guidelines to present a case which proves the defendant's negligent.
Many medical malpractice cases settle before trial. An experienced lawyer is prepared to take your case to the court if the insurance company does not agree to a fair settlement during pretrial negotiations, or a jury verdict would result in a greater damages award. Based on the strength of your case a medical malpractice lawyer may be able to seek an appeal process, where an upper court reviews the decision of a lower court. This process can be time-consuming and involves expert witnesses. However, it can be essential to ensure your case receives a fair hearing.
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