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

Medical malpractice cases are among the most complex and difficult to get. Fortunately, the best New York malpractice lawyers know how to handle these cases successfully.

Malpractice is when doctors deviate from accepted medical practices which can result in injury or death. A malpractice lawsuit that is successful may provide compensation to cover the 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 malpractice case. Medical records can include an array of information that ranges from initial diagnoses and 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 documents can be used by lawyers to determine if a physician's actions were not within the norms of practice and harmed.

Many healthcare facilities and hospitals are required to supply copies of patients' medical records on request. However, if a medical malpractice lawyer requests records as part of a possible lawsuit against the health care provider for negligence, they could face significant administrative delays. An experienced and dedicated New York City medical malpractice lawyer can obtain these records quickly and efficiently.

A medical malpractice lawsuit must be filed within a certain timeframe, referred to as the statute of limitations. In New York this means you have only two and a quarter years to file a lawsuit starting from when the act, omission, or failure caused you harm.

Your lawyer should gather as much evidence in the initial stages of your medical malpractice claim as you can in the beginning. This includes any and all medical documents, including the above information, but also eyewitness statements, hospital bills as well as photographs of your injuries.

Expert Witnesses

Medical malpractice cases often require the involvement of experts as witnesses. They are typically medical professionals with the ability to offer an opinion on the situation and whether negligence was involved. They are often called upon to look over the medical records in a case and they might also be required to testify in person at the trial.

An expert witness could be a nurse, surgeon's assistant, a doctor, a physician or any other healthcare professional who has significant educational and practical experience in the medical field. They can help the jury be able to comprehend the medical aspects involved in a claim.

A medical expert's report can be a powerful tool for showing that the defendant acted in violation of their duty of care and caused harm to you. These experts are legally bound that they only provide evidence they believe to be authentic. They could be held accountable for false claims that are later proven to be false, so it is essential to only select experts who are trustworthy and reliable.

An experienced lawyer who specializes in malpractice cases can review the case and determine if an expert witness is needed. In some cases, an expert's testimony may not be required because medical records show that a physician or healthcare worker made an error that caused your injury.

Deposits

Witness testimony from a credible source can establish that the medical professional failed to meet his or her obligation of care. Your malpractice lawyer can find witnesses, such as pharmacists or nurses who were in the operating room, or who observed the negligent act from an alternate location. They can be deposed and provide valuable evidence to support your claim.

There are a variety of damages that your New York malpractice attorney may get on your behalf in an effective lawsuit. You can recover your actual financial losses like medical bills and lost wages. Non-economic damages are also available, including suffering and pain, loss of enjoyment of life, disfigurement or emotional or mental distress.

Some states place caps on the total amount a patient can receive in a medical malpractice suit. Your lawyer will explain how this affects your case.

While the aftermath of a medical mistake can be traumatic, thousands of people do recover compensation from healthcare providers and the hospitals or clinics in which they work. A New York medical negligence lawyer can provide you with the resources, expertise and experience needed to build a solid case for yourself and your loved ones.

Trial

As a result of an error in the prescription or dispensing of medication patients may suffer various injuries. An error in administering blood thinners to patients who are at risk of suffering from strokes can be fatal. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against doctors and pharmacists who prescribed medications that cause serious injury.

Even if a medical professional declares that a healthcare provider was not in compliance with the standard of health care, proving that the doctor's actions were responsible for the victim's injuries is difficult. A skilled malpractice lawyer can apply hospital or doctor's policies guidelines, protocols, and other documents to build a case that establishes the defendant's wrongful.

Many medical malpractice lawsuits settle prior to trial. Nevertheless, an experienced attorney should be ready to take your case to trial in the event that the insurance company refuses to pay a fair settlement amount during pretrial negotiations or if a jury verdict more likely to result in a higher damage award. An attorney who is a medical professional could choose to appeal a lower court decision, based on the merits and importance of your case. This procedure is lengthy and requires the participation of experts. It is an essential element in ensuring that your case is heard in a fair manner.