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

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

Malpractice happens when a doctor breaks from accepted medical practice and results in injury or death. A malpractice lawsuit that is successful could be able to recover compensation for past and future medical expenses, lost wages, consortium as well as suffering and pain.

Medical Records

Medical records are a critical part of any medical malpractice case. Medical records contain an array of information that ranges from initial diagnoses and treatment plans. These records can include digital photos of patients, flowsheets for surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These records can assist an attorney who is a victim of malpractice determine if the actions of a physician fell below the standard of care and triggered harm.

Many healthcare facilities and hospitals are legally required to provide patients with copies of their medical records upon request. If a medical malpractice attorney requests records as part of a potential lawsuit, they might face significant administrative delays. A skilled and dedicated New York City medical malpractice legal attorney can help obtain the records quickly and efficiently.

The statute of limitations is a limitation of time within which a medical negligence claim has to be filed. In New York, this means that you only have two and two-and-a-half years from the date of the law or omission that harmed you to file a lawsuit.

Your lawyer will need to gather as much evidence as possible in the beginning stages of a medical malpractice claim as you can in the beginning. This includes any and all medical documents, including the mentioned information, but also hospital bills, eyewitness accounts, and photographs of your injuries.

Expert Witnesses

Medical malpractice cases often require the involvement of expert witnesses. These are usually medical professionals who are able to provide an opinion on the medical aspect of the incident, indicating whether negligence occurred or not. They are frequently called upon to look over the medical records of the case, and may be required to testify in person at the trial.

A nurse, surgeon assistant, physician, doctor, or other healthcare worker with significant education and practical experience can be an expert witness. They can help the jury understand complex medical aspects in the case.

If the testimony of a medical professional is presented in court, it could be a powerful tool to demonstrate that the defendant did not fulfill their duty of care and caused you harm in the process. Experts are legally required to swear that they only provide information they believe to be accurate. They could be held accountable for wrongful statements which are later found to be false, so it is crucial to only select experts who are reliable and malpractice attorneys trustworthy.

An experienced lawyer for malpractice can assess a case to determine whether an expert witness is required. In some instances an expert's testimony might not be needed because medical records show that a physician or healthcare professional made an error that led to your injury.

Depositions

The testimony of a reliable witness can help establish that the medical provider failed to meet his or her obligation of care. Your malpractice lawyer might be able to identify witnesses such as pharmacists, nurses, radiology technicians, doctors who read test results, ambulance attendants or other health care professionals who were in the operating room at the time of the negligence or who witnessed it from another location. These witnesses can be deposed and can provide vital information to back your case.

There are a variety of damages that your New York malpractice attorney may obtain on your behalf if you file the event of a successful lawsuit. You may be able to 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 and emotional or mental distress.

Certain states have caps on the amount patients can receive in a medical malpractice suit. Your lawyer will explain how this affects your case.

Although the impact of a medical error could be traumatic, thousands of people do recover compensation from healthcare providers as well as the hospitals or clinics in which they work. A New York medical malpractice lawyer has the knowledge and resources to create a solid claim for you and your family.

Trial

A variety of injuries can result from a mistake in prescribing or dispensing medication. A mistake in the administration of blood thinners to those at risk of stroke could be fatal. New York attorneys at Duffy & Duffy can assert malpractice lawsuits against pharmacists, doctors and optometrists who have wrongly prescribed drugs that cause severe injury.

Even if a medical professional confirms that a healthcare professional didn't meet the requirements of care, proving the healthcare provider's actions are accountable for the victim's injuries can be difficult. A competent malpractice lawyer can apply hospital or doctor's policies as well as protocols and guidelines to present a case which shows the defendant's negligence.

Many medical malpractice lawsuits settle before trial. A seasoned attorney will be prepared to present your case to court if an insurance company refuses to settle a fair settlement in the pre-trial negotiations, or if a jury verdict would result in a larger damages award. A medical malpractice lawyer could choose to appeal a lower court decision, based on the strength and value of your case. This is a lengthy process and requires the participation of expert witnesses. However, it's essential to ensure your case is given an honest hearing.