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

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

Malpractice occurs when doctors stray from the accepted medical practice, causing injury or death. A successful malpractice lawsuit could offer compensation for future and past medical expenses, lost earnings as well as loss of consortium and the pain and suffering.

Medical Records

Medical records are a critical part of any medical negligence case. Medical records can contain a lot of information 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 documents can be used by a lawyer to determine if the doctor's actions were below the standard of practice and caused harm.

Many healthcare providers and hospitals are required to provide copies of patients' medical records upon request. However, when an attorney for medical malpractice requests documents as part of a possible lawsuit against the health care provider for negligence, they could encounter significant administrative delays. A New York City medical negligence attorney who is dedicated and knowledgeable can get these records in a short time.

A medical malpractice claim must be filed within a certain time frame, which is 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 error that harmed you to make a claim.

Your lawyer must gather as much evidence as possible in the beginning stages of your medical malpractice claim as you can in the beginning. This includes all medical documents, including the mentioned information, but also hospital bills, eyewitness statements as well as photographs of your injuries.

Expert Witnesses

Medical malpractice case cases typically require the use of experts as witnesses. They are usually medical professionals with the ability to provide an opinion regarding the case and whether negligence was involved. They are usually called upon to review the medical records of a case, and may be required to testify in person at the trial.

An expert witness can be a surgeon's assistant, a doctor, physician, or any other healthcare professional who has extensive educational and practical experience in the medical field. They can assist in explaining the complex medical aspects of a claim to help the jury better understand 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 Malpractice Law caused harm in the process. It is crucial to remember that these experts are required to take an oath to only provide information they believe to be truthful. They could be held accountable for false claims which are later found to be untrue, which is why it is essential to select experts who are reliable and trustworthy.

A seasoned lawyer who specializes in malpractice cases can evaluate the situation and determine if an expert witness is needed. In some instances, the expert's report is not necessary since the medical records are clear and show that the healthcare worker made a mistake which led to your injury or health issues.

Depositions

A credible witness can help establish that a medical professional did not meet his or her duty of care. Your malpractice lawyer will be able to locate witnesses, such as pharmacists or nurses who were in the operating room or who witnessed the negligence from an alternate location. They can be deposed and provide important information to back your claim.

Your New York malpractice lawyer may be able to collect a variety of types of damages on your behalf if you win your case. You could recover your actual financial losses, such as medical bills and malpractice Law lost wages. Other damages are also offered, including suffering and pain, loss of enjoyment of life, disfigurement and mental or emotional distress.

Some states cap the amount of money the patient could receive as a result of a medical malpractice lawsuit. Your attorney can explain the impact of this on your case.

While the consequences of a medical error can be devastating, many people are able to seek compensation from the healthcare providers or clinics where they work. A New York medical malpractice lawyer has the knowledge, resources and experience necessary to make a convincing claim for you and your family.

Trial

Many injuries can result from an error made in prescribing or dispensing medication. A mistake in administering blood thinners to patients who are at risk of stroke can cause fatal injury. New York attorneys at Duffy & Duffy can bring malpractice claims against doctors, pharmacists and optometrists for knowingly prescribing medications that can cause serious injury.

Even if a medical professional declares that a healthcare provider did not meet the standard of health care, proving that the doctor's actions caused the injuries suffered by the victim can be difficult. A skilled malpractice lawyer can apply hospital or doctor's policies guidelines, protocols, and other documents to create a case that proves the defendant's negligent.

Many medical malpractice cases settle before trial. However, a skilled attorney should be ready to take your case to trial should the insurance company decide not to settle a fair settlement amount in the course of negotiations prior to trial or if a jury verdict more likely to result in a higher damage award. Based on the strengths of your case medical malpractice case lawyers may decide to file a case appeal, wherein a higher court reviews the lower court's decision. This process can be time-consuming and requires expert witnesses. However, it can be an important step to ensure your case receives an honest hearing.