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

Medical malpractice cases can be among the most complex and difficult to get. Top New York malpractice attorneys know how to navigate these cases.

Malpractice occurs when doctors depart from accepted medical practices that cause injury or death. A successful malpractice lawsuit can be a source of compensation for past and future: medical expenses, lost wages and consortium loss, and pain and suffering.

Medical Records

Medical records are a critical element of any medical malpractice case. They often contain a great deal of information, from initial diagnoses to treatment plans. The majority of them contain digital images of the patient as well as flowsheets, reports of surgery, from operations or intensive care units, EKG tracings, informed consent forms and other pertinent documents. These documents can aid an attorney who is a victim of malpractice determine if the actions of a doctor were not up to the standard of care and triggered harm.

Many healthcare providers and hospitals have to provide copies of medical records on request. When a medical malpractice attorney requests records as part of a potential lawsuit, they might face significant administrative delays. A New York City medical negligence attorney who is committed and knowledgeable can get these records as quickly as possible.

A medical malpractice lawsuit must be filed within a specified time period, also 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 act or omission that caused you harm to pursue a lawsuit.

In the beginning stages of a medical malpractice case, your lawyer will need as much evidence as they can. This includes all of your medical records, including the aforementioned information, but also hospital bills, eyewitness testimony and photos of your injuries.

Expert Witnesses

Medical malpractice cases typically require the use of experts as witnesses. These are usually medical professionals that can provide an opinion of a doctor regarding the incident, indicating whether negligence occurred or not. They are frequently asked to look into the medical records of a case and might be required to give testimony during trial.

An expert witness could be a surgeon's assistant, a physician, a doctor, or any other healthcare worker who has significant educational and practical experience in the medical field. Expert witnesses can help explain the complicated medical aspects of a claim to help the jury better comprehend them.

A medical expert's report can be an effective tool in showing that the defendant has violated their duty of care and caused you harm. It is important to understand that these experts are required to swear an oath of only providing the information they believe to be true. They are liable for statements that are found to be false, therefore it is crucial to only select experts who are reliable and trustworthy.

A seasoned lawyer who specializes in malpractice cases can evaluate the situation and determine if an expert witness is needed. In certain cases an expert's testimony might not be needed because the medical records clearly demonstrate that a healthcare worker made an error that caused your injury.

Depositions

A credible witness can determine that a medical professional was not able to fulfill his obligation to care. Your malpractice lawyer may be able find witnesses such as nurses, pharmacists radiology technicians, doctors who read test results ambulance attendants and other health care professionals who were in the operating room at the time of the negligence or who witnessed it from a different location. These witnesses can be interviewed and provide valuable evidence to help you prove your claim.

Your New York malpractice lawyer may be able to collect a variety of types of damages on your behalf if you win your case. You can recover your actual financial losses like medical bills and lost wages. Additionally, non-economic damages are available, including suffering and pain, loss of enjoyment of life, disfigurement or emotional or mental distress.

Some states cap the amount of money patients can receive for a medical malpractice suit. Your attorney will explain how this affects your case.

While the experience of a medical error Malpractice Lawyers can be devastating, thousands of people are able to recover compensation from healthcare providers and the hospitals or clinics where they work. A New York medical malpractice lawyer will have the knowledge, resources and experience to build a strong claim for you and your family.

Trial

Many injuries can result from an error in prescribing or dispensing medication. For instance, a lapse in administering a blood thinner to patients who are already at risk of having a stroke can be deadly. New York attorneys at Duffy & Duffy can file malpractice lawsuits against pharmacists, doctors, Malpractice lawyers and optometrists for knowingly prescribing drugs that lead to severe injury.

Even if a medical professional certifies that a healthcare provider didn't meet the requirements of care, proving that the doctor's actions are responsible for the injuries suffered by the victim can be difficult. A competent malpractice lawyer can use hospital or physician's policies, protocols and guidelines to construct a case that proves the defendant's negligence.

Many medical malpractice lawsuits settle before trial. However, a skilled lawyer should be prepared to bring your case to trial if the insurance company refuses to settle for a fair amount during negotiations before trial or a jury verdict is more likely to result in a bigger damage award. Based on the strength of your case medical malpractice lawyers may be able to seek a case appeal, wherein an upper court reviews a lower court's decision. This process can be time-consuming and requires expert witnesses. It can be a crucial element in ensuring that your case is listened to in a fair way.