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

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

Malpractice occurs when a doctor breaks from accepted medical practice and causes injury or even death. A malpractice lawsuit that is successful will provide compensation to cover the past and future medical expenses, lost wages and consortium, as well as suffering and pain.

Medical Records

Medical records are a critical part of any medical negligence case. Medical records can include an array of information which range from the initial diagnosis and treatment plans. Typically, these include digital images of the patient, surgical reports, flowsheets from intensive care or operations units, EKG tracings, informed consent forms and other relevant documents. These documents can be used by a lawyer to determine whether a doctor's actions were below the standard of practice, and caused harm.

Many healthcare facilities and hospitals are legally required to provide patients with copies of their own medical records upon request. However, if medical malpractice law firm lawyers request records in the context of an upcoming lawsuit against a health care provider for negligence, they could face significant administrative delays. A dedicated and experienced New York City medical malpractice attorney can help obtain the records quickly and efficiently.

The statute of limitations is a period within which a medical malpractice claim must be filed. In New York, this means that you only have two and two-and-a-half years from the date of the act or the omission or mistake which caused you to make a claim.

Your lawyer should gather as much evidence as possible in the beginning stages of a medical malpractice case as possible. This includes all medical records, including the aforementioned information along with eyewitness statements, hospital bills as well as photographs of your injuries.

Expert Witnesses

Medical malpractice cases usually require the involvement of expert witnesses. These are usually medical professionals who can offer a medical opinion about the case, including whether negligence occurred or not. They are often called upon to look over the medical records of the case, and they could also be required to testify in person during the trial.

An expert witness can be a surgeon's assistant, doctor, physician or any other healthcare worker with a substantial amount of educational and practical experience in the medical field. They can help the jury to understand the complex medical aspects of the case.

When the testimony of a medical specialist is presented in court, it could be a powerful tool to show that the defendant violated their duty of care and caused you harm as a result. It is crucial to remember that medical experts are required to swear an oath of only providing information they believe to be true. It is essential that you select experts who are trustworthy and reliable.

An experienced lawyer who specializes in malpractice cases can review the situation and determine if an expert witness is needed. In some instances an expert's report may not be needed because medical records show that a healthcare worker made an error that resulted in your injury.

Depositions

A credible witness can help establish that a medical professional did not meet his or her obligation to care. Your malpractice lawyer will be able to locate witnesses, such as pharmacists or nurses who were present in the operating room or who witnessed the negligence from the other location. They are able to be deposed and may provide valuable details to support your case.

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

Some states place caps on the amount of money that the patient could receive in a medical negligence lawsuit. Your attorney can explain the impact of this on your case.

Although the effects of a medical mistake can be devastating, many people are able to recover compensation from the healthcare providers or clinics where they work. A New York medical negligence lawyer can provide you with the resources, expertise and experience required to construct a strong case for you and your loved ones.

Trial

A variety of injuries could result from an error made in prescribing or dispensing medication. An error in administering blood thinners for patients at high risk of sustaining strokes could cause death. New York attorneys at Duffy & Duffy can bring malpractice lawsuits against pharmacists, doctors, and optometrists who have wrongly prescribed drugs that lead to severe injury.

Even after a medical expert declares that a healthcare professional failed to meet the standard of care, proving the care provider's actions contributed to the victim's injuries can be challenging. A competent malpractice lawyer can rely on the hospital or physician's policies, protocols and guidelines to create a case that proves the defendant's incompetence.

Many medical malpractice cases settle before trial. However, a seasoned attorney should be ready to bring 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 more likely to result in a larger damages award. Depending on the strengths of your case medical malpractice lawyers may decide to file an appeal process, where an upper court reviews the lower court's decision. This is a lengthy process and requires the participation of experts. It is an essential element in ensuring that your case is heard with respect.