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

Medical malpractice claims are among the most complicated and difficult to win. Top New York malpractice attorneys know how to navigate these cases.

Malpractice happens when a doctor departs from accepted medical practices and results in injury or death. A successful malpractice lawsuit can offer compensation for the past and future medical expenses, lost earnings lost consortium, malpractice and pain and suffering.

Medical Records

Medical records are a crucial part of any malpractice case. They often contain a great amount of information, ranging from initial diagnoses to treatment plans. These records can include digital photos of patients, flowsheets of surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These documents can be used by a lawyer to determine if a doctor's actions were below the standard of practice and caused harm.

Many healthcare facilities and hospitals have to provide copies of patients' medical records upon request. When a medical malpractice attorney requires records as part of an upcoming lawsuit, they could face significant administrative delays. A New York City medical negligence attorney who is dedicated and knowledgeable can get these records quickly.

The statute of limitations is a time limit within which a medical negligence claim must be filed. In New York, this means that you only have two and a half years from the date of the act or error which caused you to bring a lawsuit.

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

Expert Witnesses

Expert witnesses are often needed in medical malpractice cases. They are typically medical professionals with the capacity to give an opinion about the case and whether or not negligence occurred. They are frequently called upon to review the medical records of the case, and may be required to testify in person during the trial.

An expert witness can be a surgeon's assistant, doctor, physician or any other healthcare professional who has extensive educational and practical experience in the medical field. They can assist jurors to understand the complex medical aspects of a case.

When the testimony of a medical expert is presented in court, it can be a powerful tool to prove the defendant breached their duty of care and caused you harm in the process. Experts are legally bound to only provide information they believe to be authentic. They are liable for statements that are found to be false, therefore it is important to only select experts who are reliable and trustworthy.

A skilled lawyer who is experienced in malpractice cases will evaluate the case and determine if an expert witness is needed. In some instances an expert's report may not be necessary since the medical records clearly show that a doctor or healthcare professional made an error that resulted in your injury.

Deposits

A reliable witness can help determine that a medical professional was not able to fulfill his duty of care. Your malpractice lawyer can identify witnesses, like nurses or pharmacists who were in the operating room, or who witnessed the negligence from the other location. These witnesses can be interviewed and can provide valuable information to help you prove your claim.

Your New York western springs malpractice attorney lawyer may be able to recover 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 accessible, such as the loss of enjoyment of life, disfigurement, and mental or emotional distress.

Certain states limit the amount patients can receive for a medical malpractice lawsuit. Your lawyer can explain the effect of this on your case.

Although the repercussions of a medical error can be devastating, many people can recover compensation from the clinics or healthcare providers in which they work. A New York medical negligence lawyer can provide you with the resources, expertise and experience required to construct an effective case for you and your loved ones.

Trial

A variety of injuries may result from an error in prescribing or dispensing medication. For instance, a misstep in the administration of a blood thinner to patients who are already at risk of strokes can result in fatal. New York attorneys at Duffy & Duffy can assert malpractice lawsuits against doctors, pharmacists and optometrists for knowingly prescribing drugs that cause severe injury.

Even after a medical professional affirms that a healthcare provider was not up to the standard of care, proving the actions of the provider caused the victim's injuries isn't easy. A skilled malpractice lawyer can use hospital or doctor policies, protocols and guides to create a case that proves the defendant's negligent.

Many medical malpractice lawsuits settle before trial. However, a seasoned lawyer should be prepared to take your case to trial if the insurance company refuses to settle a fair settlement amount during pretrial negotiations or if a jury verdict is more likely to result in a greater damage award. Depending on the strengths of your case a medical malpractice lawyer could also decide to pursue a case appeal, wherein the higher court reviews a lower court's decision. This is a lengthy process and requires the participation of experts. However, it can be an important step to ensure your case is given an impartial hearing.