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

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

Medical malpractice occurs when a doctor is not following accepted medical procedures and results in injury or death. A successful malpractice case can offer compensation for future and past medical expenses, lost earnings and consortium loss, and pain and suffering.

Medical Records

Medical records are a critical component of any medical malpractice case. They often contain a great deal of information, from initial diagnoses to treatment plans. Most often, they include digital images of the patient, surgical reports, flowsheets from operations or intensive care units, EKG tracings, informed consent forms, and other pertinent documents. These records can assist an attorney for malpractice to determine whether the actions of a physician fell below the norm of care and caused harm.

Many hospitals and healthcare providers are legally required to provide patients with copies of their medical records upon request. When a medical malpractice attorney seeks records as part of an upcoming lawsuit, they may experience significant administrative delays. A New York City medical negligence attorney who is committed and knowledgeable can get these records quickly.

A medical malpractice claim must be filed within a specific 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 starting from the date of the incident or omission caused you harm.

In the beginning stages of a claim for medical malpractice the lawyer will require as much evidence as possible. This includes any and all medical documents, including the mentioned information as well as hospital bills, eyewitness accounts as well as photographs of your injuries.

Expert Witnesses

Expert witnesses are frequently required in medical malpractice lawyers cases. They are usually medical professionals with the ability to provide an opinion on the situation and whether negligence took place. They are often required to look into the medical files of a case. They also could be required to testify during trial.

A surgeon assistant, nurse physician, doctor or other healthcare worker who has a solid training and experience could be an expert witness. They can assist in explaining the complex medical aspects of a claim so that the jury can better understand the claims.

An expert's opinion from a medical professional can be an effective tool in showing that the defendant acted in violation of their duty to care and caused harm to you. They are legally required to swear to only present evidence they believe to be accurate. It is essential that you choose experts that you can trust and are reliable.

An experienced lawyer who is skilled in malpractice cases can evaluate the case and determine whether an expert witness is needed. In certain cases, the expert's testimony is not needed because the medical records are clear and prove that the doctor or healthcare worker made a mistake that led to your injury or additional illness.

Deposits

A reliable witness can prove that a medical professional didn't fulfill their duty of care. Your malpractice lawyer will be able to locate witnesses, like pharmacists or nurses who were in the operating room, or who observed the negligent act from a different location. They are able to be deposed and can provide important evidence to support your claim.

There are many types of damages that your New York malpractice attorney may get on your behalf in the event of a successful lawsuit. You can recover your actual financial losses like medical bills and lost wages. Additionally, non-economic damages are available, such as 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 lawsuit. Your attorney can explain the effect of this on your case.

While the aftermath of a medical error may be traumatic, thousands of people do receive compensation from healthcare providers and the hospitals or clinics where they work. A New York medical negligence lawyer can provide you with the tools, resources and expertise needed to build an impressive case for you and your loved ones.

Trial

Due to an error in prescribing or dispensing of medication, patients can be afflicted with a variety of injuries. For instance, a lapse in administering a blood thinner to patients already at risk for strokes can be fatal. New York attorneys at Duffy & Duffy can assert malpractice claims against pharmacists, doctors, and optometrists for knowingly prescribing drugs that lead to severe injury.

Even after a medical professional testifies that a healthcare provider did not meet the standards of care, proving that the actions of the provider caused the victim's damages isn't easy. A skilled malpractice attorney can make use of the hospital's or physician's policies, protocols and guidelines to construct a case that establishes the defendant's negligence.

Many medical malpractice lawsuits settle prior to trial. A seasoned attorney is prepared to take your case to court if an insurance company refuses a reasonable settlement during negotiations before trial, or if jury verdict would result in a bigger damages award. A medical malpractice attorney might decide to appeal a lower court decision, based on the strength and value of your case. This procedure can be lengthy and requires expert witnesses. It can be a crucial aspect in ensuring that your case is heard in a fair manner.