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

Medical malpractice cases can be among the most difficult and complicated to be successful. Top New York malpractice attorneys know how to win these cases.

Malpractice occurs when a physician does not follow accepted medical practices and results in death or injury. A successful malpractice lawsuit can pay for future and past medical expenses, lost wages as well as loss of consortium and the pain and suffering.

Medical Records

Medical records are a critical element of any medical malpractice case. Medical records can include an array of information which range from the initial diagnosis and treatment plans. Most often, they include digital images of the patient and their surgical reports, flowsheets from intensive care or operations units, EKG tracings, informed consent forms, and other pertinent documents. These records can be used by a lawyer to determine whether a doctor's actions were not within the norms of practice and harmed.

Many healthcare facilities and hospitals have to provide copies of patients' medical records on request. However, if medical malpractice lawyers request documents in connection with a potential lawsuit against an healthcare provider for negligence, they could be faced with significant administrative issues. An experienced and dedicated New York City medical malpractice attorney can work to obtain the records quickly and efficiently.

The statute of limitations is a period within which a medical negligence claim has to be filed. In New York this means you have two and a quarter years to file a lawsuit from the date that the act, omission, or failure caused you harm.

In the initial stages of a medical malpractice claim, your lawyer will need as much evidence as they can. This includes any and all of your medical documents, including the mentioned information, but also hospital bills, eyewitness testimony and photographs of your injuries.

Expert Witnesses

Medical malpractice cases typically require the involvement of experts as witnesses. They are usually medical professionals with the ability to offer an opinion about the case and whether negligence took place. They are often asked to look over the medical documents of a case, and could be required to testify during the trial.

A surgeon assistant, nurse, physician, doctor, or other healthcare worker with a high level of education and practical experience can be an expert witness. They can help explain complex medical aspects of a claim so that jurors can better understand their arguments.

A medical expert's testimony can be an effective tool for showing that the defendant acted in violation of their duty of care and caused you harm. They are legally bound that they only provide the information they believe to be true. It is important that you choose experts you can trust and have a track record of reliability.

An experienced lawyer for malpractice can evaluate a case and determine whether an expert witness is needed. In some cases, the expert's report is not necessary since the medical records are clear and prove that the physician or healthcare worker committed a mistake that led to your injury or health issues.

Depositions

A credible witness can establish that a medical provider did not meet his or her obligation to care. Your malpractice lawyer might be able find witnesses like nurses, pharmacists radiology technicians, doctors who read test results, ambulance attendants or other health care professionals who were in the operating room at the time of the wrongful act or who witnessed it from another location. They are able to be deposed and provide crucial evidence to support your claim.

Your New York malpractice lawyer may be able to recover several kinds of damages on your behalf if you prevail in your case. These include compensation for actual financial losses, including medical expenses and lost wages, as well as non-economic damages that are more subjective, like pain and suffering or loss of enjoyment in life, disfigurement, emotional or mental anguish.

Some states cap the amount of money a patient may receive for a medical malpractice lawsuit. Your lawyer will explain the impact of this on your case.

While the consequences of a medical error may be devastating, many people are able to seek compensation from the clinics or healthcare providers in which they work. A New York medical negligence lawyer can provide you with the resources, skills and experience needed to build a strong case for you and your loved family members.

Trial

Many injuries can result from an error in prescribing or dispensing medication. For instance, a misstep in administering a blood thinner to patients who are already at risk of suffering strokes could be fatal. New York attorneys at Duffy & Duffy can file malpractice claims against pharmacists, doctors, and optometrists for knowingly prescribing medications that cause severe injury.

Even if a medical professional confirms that a healthcare professional didn't meet the requirements of care, proving the healthcare provider's actions were responsible for the victim's injuries can be difficult. A competent malpractice lawyer can use hospital or doctor policies as well as protocols and guidelines to create a case that proves the defendant's negligent.

Many medical malpractice lawsuits settle prior to trial. However, a seasoned attorney should be ready to bring your case to trial when the insurance company is refusing to pay a reasonable settlement amount in the course of negotiations prior to trial or if a jury verdict more likely to result in a bigger damages award. A medical malpractice lawyer could choose to appeal a lower court decision, based on the merits and importance of your case. This is a lengthy process and requires the participation of experts. It is essential to ensure your case is given a fair hearing.