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

Medical malpractice claims can be among the most difficult and complex to win. The best New York malpractice attorneys know how to handle these cases.

Malpractice occurs when doctors stray from the accepted medical practice that cause injury or death. A malpractice lawsuit that is successful may offer compensation to pay for past and future medical expenses, lost wages, consortium and pain and suffering.

Medical Records

Medical records are a critical part of any medical malpractice case. They usually contain a large amount of information, ranging from initial diagnosis to treatment plans. These records include digital images of patients flowsheets of surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These records can be used by a lawyer to determine whether a doctor’s actions were not within the norms of practice and resulted in harm.

Many hospitals and healthcare providers are required by law to provide patients with copies of their own medical records upon request. When a medical malpractice attorney is seeking records in connection with an upcoming lawsuit, they could experience significant administrative delays. A knowledgeable and experienced New York City medical malpractice lawyer can obtain the records quickly and efficiently.

A medical malpractice lawsuit must be filed within a specified time frame, known as the statute of limitations. In New York, this means that you have only two and one-half years from the date of the law or omission that caused you harm to make a claim.

Your lawyer will need to gather as much evidence in the beginning stages of a medical malpractice case as possible. This includes all your medical records, including the information mentioned above along with hospital invoices, eyewitnesses statements, and photos of your injuries.

Expert Witnesses

Expert witnesses are frequently required in medical malpractice cases. These are generally medical professionals that can provide an opinion of a doctor regarding the situation, and whether negligence took place or not. They are frequently asked to examine the medical records in a case and they could also be required to testify in person at the trial.

A surgeon assistant, nurse physician, doctor or any other healthcare professional with extensive education and practical experience can be an expert witness. They can assist in explaining the complex medical aspects of a claim so that the jury can better comprehend their arguments.

When the testimony of a medical expert is presented in court, it can be a powerful tool used to prove the defendant breached their duty of care and caused harm in the process. It is important to understand that medical experts are required to swear an oath of only providing evidence they believe to be truthful. It is crucial to choose experts you can trust and who are reliable.

An experienced lawyer for malpractice can assess a case to determine if an expert witness is needed. In some cases an expert’s report may not be needed because the medical records clearly show that a physician or healthcare worker committed an error that led to your injury.

Deposits

Having reliable witness testimony will prove that the medical professional did not to fulfill his duty of care. Your malpractice lawyer can locate witnesses, like pharmacists or nurses who were present in the operating room, or who observed the negligent act from another location. These witnesses can be deposed and can provide vital information to back your case.

There are various types of damages that your New York malpractice attorney may get on your behalf in an effective lawsuit. This includes reimbursement for your actual financial losses, such as medical expenses and lost wages, and non-economic damages that are more subjective, such as pain and suffering or loss of enjoyment in life disfigurement, emotional or mental suffering.

Certain states have caps on the amount the patient could receive in a medical negligence lawsuit. Your attorney can explain the impact of this on your case.

While the aftermath of a medical error could be devastating, thousands of people can claim compensation from healthcare providers and the clinics or hospitals where they work. A New York medical negligence lawyer can provide you with the resources, expertise and knowledge required to create a strong case for you and your loved ones.

Trial

A variety of injuries could result from a mistake in prescribing or dispensing medication. A mistake in the administration of blood thinners to patients at risk of suffering from strokes can be fatal. Duffy & Duffy, New York lawyers, can file malpractice suits 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 the provider’s actions are responsible for the injuries suffered by the victim can be difficult. A skilled malpractice attorney can make use of the hospital’s or doctors’ policies, protocols, and guidelines to build an argument that proves defendant’s incompetence.

Many medical malpractice lawsuits settle before trial. A seasoned attorney will be prepared to take your case to court if the insurance company does not agree to a fair settlement during negotiations before trial, or if jury verdict could result in a greater damages award. A medical malpractice lawyers attorney might decide to appeal a lower court decision, depending on the strength and worth of your case. The process can be lengthy and requires the participation of expert witnesses. It is an important step to make sure your case receives an impartial hearing.