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

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

Malpractice occurs when a doctor departs from accepted medical practices and results in injury or death. A successful malpractice suit can be a source of compensation for past and future: medical expenses, lost wages as well as loss of consortium and suffering and pain.

Medical Records

Medical records are a critical element of any medical malpractice case. Medical records can include many details which range from the initial diagnosis and treatment plans. These records contain digital images of patients, surgical reports, flowsheets for intensive care units or operations, EKG tracings and other relevant documents. These records can help an attorney who is a victim of malpractice determine if the actions of a doctor were not up to the standard of care and caused harm.

A lot of hospitals and attorneys healthcare providers must provide copies of medical records upon request. However, if medical malpractice lawyers request records in the context of a possible lawsuit against medical professionals for negligence, they could be faced with significant administrative issues. An experienced and dedicated New York City medical malpractice attorney can work to obtain these records quickly and efficiently.

A medical malpractice lawsuit must be filed within a specific time frame, known as the statute of limitations. In New York this means you only have two and one quarter years to file a claim from when the act, omission, or failure caused you harm.

Your lawyer will need to gather as much evidence as possible in the beginning stages of your medical malpractice case. This includes any and all medical documents, including the mentioned information as well as hospital bills, eyewitness accounts and photos of your injuries.

Expert Witnesses

Medical malpractice cases often require the use of experts as witnesses. These are generally medical professionals who can provide an opinion of a doctor regarding the situation, and whether negligence took place or not. They are frequently asked to look over the medical files of a case. They also might be required to testify during trial.

An expert witness can be a surgeon's assistant, a doctor, physician, or any other healthcare worker who has a significant amount of education and practical experience in the medical field. They can assist in explaining the complex medical aspects of a case to help the jury better comprehend their arguments.

When the testimony of a medical specialist is presented in court, it can be a powerful tool to establish that the defendant has violated their duty of care and caused harm in the process. It is crucial to keep in mind that experts are required to sign an oath that they will only give the information they believe to be accurate. It is essential that you only work with experts who can be trusted and reliable.

An experienced malpractice lawyer will evaluate a case and determine if an expert witness is required. In some instances an expert's report may not be required because the medical records clearly demonstrate that a physician or healthcare worker made an error that led to your injury.

Deposits

Having reliable witness testimony will prove that the medical professional failed to fulfill his or her duty of care. Your malpractice lawyer may be able find witnesses such as pharmacists, nurses, attorneys radiology technicians, doctors who read test results ambulance attendants or other health professionals who were in the operating room at the time of the negligent act, or witnesses from a different location. Witnesses can be questioned, and provide valuable information to support your claim.

There are several types of damages that your New York malpractice attorney may obtain on your behalf if you file a successful lawsuit. These include compensation for actual financial losses, such as medical expenses and lost wages, as well as non-economic damages that are more subjective, like pain and suffering or loss of enjoyment in life, disfigurement, emotional or mental suffering.

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

Although the effects of a medical error may be devastating, many people are able to seek compensation from the healthcare providers or clinics in which they work. A New York medical negligence lawyer can provide you with the tools, resources and experience required to construct a strong case for you and your loved family members.

Trial

A variety of injuries could result from an error in prescribing or dispensing medication. An error in administering blood thinners to those at risk of stroke could cause fatal injury. New York attorneys at Duffy & Duffy can file malpractice claims against pharmacists, doctors, and optometrists for knowingly prescribing drugs that lead to severe injury.

Even after a medical expert testifies that a healthcare provider did not meet the standards of care, proving the care provider's actions contributed to the victim's damage can be difficult. A competent malpractice lawyer can use hospital or doctor policies as well as protocols and guidelines to construct a case that establishes the defendant's wrongful.

Many medical malpractice cases settle prior to trial. However, a skilled lawyer should be prepared to bring your case to trial in the event that the insurance company refuses to settle a fair settlement amount in pretrial negotiations, or a jury verdict is more likely to result in a larger damages award. A medical malpractice lawyer may decide to appeal a lower court's decision, depending on the strength and worth of your case. This process can be time-consuming and requires expert testimony. However, it can be an important step to make sure your case receives a fair hearing.