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

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

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

Medical Records

Medical records are an important part of any malpractice case. Medical records can include an array of information that ranges from initial diagnoses and treatment plans. The majority of them contain digital images of the patient flowsheets, surgical reports, from operations or intensive care units, EKG tracings, informed consent forms, and other pertinent documents. These records can assist a malpractice lawyer determine whether the actions of a doctor were not up to the standard of care and caused harm.

Many healthcare providers and hospitals have to provide copies of medical records on request. However, when a medical malpractice lawyer requests documents in connection with a potential lawsuit against medical professionals for negligence, they may be faced with significant administrative issues. A New York City medical negligence attorney who is dedicated and knowledgeable can get these records quickly.

A medical malpractice case must be filed within the specified time frame, which is known as the statute of limitations. In New York, this means that you only have two and a half years from the date of the law or error that led to your injury to bring a lawsuit.

Your lawyer should gather as much evidence in the beginning stages of your medical malpractice claim. This includes any and all of your medical records, including the aforementioned information, but also hospital bills, eyewitness testimony and photographs of your injuries.

Expert Witnesses

Expert witnesses are typically required in medical malpractice cases. They are usually medical professionals with the ability to give an opinion on the situation and whether negligence occurred or not. They are often asked to review medical records of a case and could be required to testify in trial.

A nurse, surgeon assistant doctor, surgeon assistant, or other healthcare worker who has a solid knowledge and experience can be an expert witness. They can help the jury understand complex medical aspects in a case.

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 required by law to swear to only present the information they believe to be authentic. It is important that you only hire experts who can be trusted and reliable.

An experienced malpractice lawyer can review a case and determine whether an expert witness is needed. In some instances, the expert's testimony is not necessary because the medical records are clear and show that the doctor or healthcare worker made a mistake that led to your injury or disease.

Depositions

A reliable witness testimony can prove that the medical provider failed to fulfill his or her obligation of care. Your malpractice lawyer may be able locate witnesses such as nurses, pharmacists radiology technicians, doctors who read test results, Malpractice Lawyer 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 a different location. These witnesses can be deposed and can provide important information to back your case.

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

Some states set limits on the total amount of money that the patient could receive in a medical malpractice lawsuit. Your attorney can explain the implications of this on your case.

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

Trial

A variety of injuries can result from an error made in prescribing or dispensing medication. A mistake in administering blood thinners for patients at risk of stroke could cause fatal injury. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against doctors and pharmacists who have prescribed medications that cause serious injury.

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

Many medical malpractice lawsuits settle prior to trial. Nevertheless, an experienced lawyer should be prepared to take your case to trial if the insurance company refuses to pay a fair settlement amount in the course of negotiations prior to trial or if a jury's verdict is more likely to result in a higher damage award. Depending on the strengths of your case a medical malpractice lawyer may be able to seek an appeal in which an appeals court will review the lower court's decision. This procedure is lengthy and requires the involvement of expert witnesses. It can be a crucial aspect in ensuring that your case is heard with respect.