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

Malpractice is when doctors deviate from accepted medical practices which can result in injury or death. A malpractice law firm lawsuit that is successful could provide compensation to cover past and future medical expenses, lost wages and consortium, as well as pain and suffering.

Medical Records

Medical records are a critical component of any medical malpractice case. They often contain a great quantity of information, ranging from initial diagnosis to treatment plans. Most often, they include digital images of the patient, surgical reports, flowsheets from intensive care or operations units, EKG tracings, informed consent forms and other pertinent documents. These documents can be used by a lawyer to determine whether a doctor's actions were below the standard of practice and harmed.

Many healthcare facilities and hospitals are required by law to provide patients with copies of their own medical records upon request. If a medical malpractice attorney is seeking records in connection with an upcoming lawsuit, they may experience significant administrative delays. A New York City medical negligence attorney who is committed and experienced can work to get these records in a short time.

A medical malpractice lawsuit must be filed within a certain 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 law or the omission or mistake which caused you to make a claim.

In the beginning stages of a medical malpractice case the lawyer will require as much evidence as is possible. This includes all your medical records, including the above-mentioned information, but also hospital invoices, eyewitnesses' declarations as well as photos of your injuries.

Expert Witnesses

Medical malpractice cases often require the use of experts as witnesses. These are usually medical professionals who can provide an opinion from a medical professional regarding the incident, indicating whether negligence took place or not. They are often asked to review medical records of a case and might be required to testify during trial.

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

When the testimony of a medical expert is presented in court, it could be a powerful tool to prove the defendant breached their duty of care and caused you harm in the process. They are legally bound to only present evidence they believe to be authentic. It is important that you only work with experts that you can trust and are reliable.

An experienced lawyer who specializes in malpractice cases can assess the situation and determine if an expert witness is required. In some instances an expert's testimony might not be required because the medical records clearly show that a healthcare worker committed an error that resulted in your injury.

Depositions

A credible witness can establish that a medical professional was not able to fulfill his obligation of care. Your malpractice lawyer can identify witnesses, such as nurses or pharmacists who were in the operating room, or who witnessed the negligence from another location. They can be deposed and can provide vital details to support your case.

Your New York malpractice lawyer may be able of recovering a variety types of damages on your behalf if you win your lawsuit. You may be able to recover your actual financial losses, such as medical bills and lost wages. Non-economic damages are also available, including pain and suffering, loss enjoyment of life, disfigurement, and emotional or mental distress.

Some states cap the amount of money that a patient can receive in a medical malpractice lawsuit. Your attorney can explain how this impacts your case.

Although the impact of a medical error may be devastating, many people are able to seek compensation from the healthcare providers or clinics in which they work. A New York medical malpractice lawyer can provide the skills, resources and experience necessary to make a convincing claim for you and your family.

Trial

In the event of an error in the prescribing or dispensing of medication patients can suffer many kinds of injuries. An error in administering blood thinners to patients at high risk of sustaining strokes could cause death. New York attorneys at Duffy & Duffy can bring malpractice claims against doctors, pharmacists and optometrists who have wrongly prescribed drugs that lead to severe injuries.

Even if a medical professional confirms that a healthcare professional did not meet the standards of health care, proving that the provider's actions are accountable for the victim's injuries can be difficult. A skilled malpractice lawyer can make use of hospital or doctor policies, protocols and guides to build a case that proves the defendant's negligent.

Many medical malpractice lawsuits settle prior to trial. An experienced attorney is able to take your case to court if an insurance company refuses a reasonable settlement during negotiations before trial, or if jury verdict could result in a larger damages award. Based on the strengths of your case medical malpractice lawyers may decide to pursue an appeal process, where an upper court reviews the lower court's decision. The process can be lengthy and requires the participation of expert witnesses. It is crucial to ensure that your case gets an impartial hearing.