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

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

Malpractice occurs when a doctor is not following accepted medical procedures and causes injury or death. A successful malpractice suit can provide compensation for future and past medical expenses, lost wages and consortium loss, and pain and suffering.

Medical Records

Medical records are an important element of any malpractice lawsuit. They typically contain a amount of information, from initial diagnoses to treatment plans. The majority of them contain digital images of the patient and their surgical reports, flowsheets from operations or intensive care units, EKG tracings, informed consent forms and other relevant documents. These documents can aid an attorney for malpractice to determine whether the actions of a doctor were not up to the norm of care and caused harm.

Many healthcare providers and hospitals must provide copies of patients' medical records on request. When a medical malpractice attorney seeks records as part of a lawsuit, they could face significant administrative delays. A New York City medical negligence lawyer who is committed and experienced can work to obtain these records swiftly.

A medical malpractice case must be filed within the specified time period, also known as the statute of limitations. In New York this means you only have two and one quarter years to file a lawsuit beginning from when the act, omission, or failure caused harm to you.

Your lawyer should gather as much evidence as they can in the early stages of your medical malpractice law firm claim. This would include all medical records, including the aforementioned information along with hospital bills, eyewitness accounts and photos of your injuries.

Expert Witnesses

Medical malpractice cases usually require the involvement of expert witnesses. These are usually medical professionals who can offer an opinion of a doctor regarding the case, including whether negligence occurred or not. They are usually asked to review the medical documents of a case, and may be required to testify at trial.

A nurse, malpractice surgeon assistant, physician, doctor, or any other healthcare professional with a high level of training and experience could be an expert witness. Expert witnesses can help explain the complicated medical aspects of a case so that jurors can better understand their role.

A medical expert's testimony could be a powerful tool in showing that the defendant has violated their duty to care and caused harm to you. These experts are required by law to swear to only present information they believe is true. It is crucial to choose experts who are trustworthy and have a track record of reliability.

An experienced lawyer who specializes in malpractice cases can assess the case and determine if an expert witness is required. In certain cases an expert's opinion may not be needed because the medical records clearly show that a physician or healthcare professional made an error that led to your injury.

Deposits

A reliable witness can determine that a medical professional didn't fulfill their obligation of care. Your malpractice lawyer may be able to identify witnesses such as pharmacists, nurses, radiology technicians doctors who read test results, ambulance attendants or other health 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 valuable information to prove 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. They include reimbursement for actual financial losses, like medical expenses and lost wages, and non-economic damages that are more subjective, like pain and suffering or loss of enjoyment in life disfigurement, emotional or mental distress.

Certain states have caps on the total amount patients can be awarded in a medical negligence lawsuit. Your lawyer can explain how this impacts your case.

While the aftermath of a medical error could be devastating, a lot of people do recover compensation from healthcare providers as well as the hospitals or clinics in which they work. A New York medical malpractice lawyer will have the knowledge, resources and experience necessary to make a convincing claim for you and your family.

Trial

As a result of an error in prescribing or dispensing of medication patients may suffer a variety of injuries. An error in administering blood thinners to patients who are at risk of stroke could cause death. Duffy & Duffy, New York lawyers can bring malpractice suits against doctors and pharmacists who prescribe drugs that cause severe injuries.

Even after a medical professional declares that a healthcare professional was not up to the standard of care, proving the actions of the provider caused the victim's injury can be challenging. A skilled malpractice lawyer can use hospital or doctor policies as well as protocols and guidelines to build a case that establishes the defendant's negligence.

Many medical malpractice cases settle prior to trial. However, a seasoned attorney should be ready to take your case to trial in the event that the insurance company refuses to settle a fair settlement amount during negotiations before trial or if a jury verdict is more likely to result in a bigger damages award. A medical malpractice attorney may decide to appeal a lower court's decision, based on the merits and importance of your case. This procedure can be lengthy and may require expert witnesses. It is a crucial step in ensuring your case is heard with respect.