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

Medical malpractice claims are among the most complex and difficult to win. Fortunately, the top New York malpractice lawyers know how to navigate these cases successfully.

Malpractice occurs when doctors stray from accepted medical practices and cause injury or even death. A malpractice lawsuit that is successful may be able to recover compensation for the past and future medical expenses, lost wages and consortium as well as suffering and pain.

Medical Records

Medical records are an essential element of any malpractice lawsuit. They usually contain a large quantity of information, ranging from initial diagnoses to treatment plans. They typically include digital images of the patient as well as flowsheets, reports of surgery, from operations or intensive care units, EKG tracings, informed consent forms and other relevant documents. These records can be used by a lawyer to determine if a doctor's actions fell below the standards of practice and caused harm.

Many hospitals and healthcare providers are required by law to provide patients with copies of their medical records upon request. If a medical malpractice attorney requires records as part of the possibility of a lawsuit, they could face significant administrative delays. A New York City medical negligence attorney who is dedicated and knowledgeable can get these records quickly.

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

Your lawyer will need to gather as much evidence as they can in the early stages of your medical malpractice case. This includes all your medical records, including the information mentioned above, but also hospital invoices, eyewitnesses' testimony as well as photos of your injuries.

Expert Witnesses

Medical malpractice cases often require the use of experts as witnesses. These are generally medical professionals who are able to provide a medical opinion about the incident, indicating whether negligence took place or not. They are usually called upon to look over a case's medical records, and they may also be required to testify in person at the trial.

A nurse, surgeon assistant doctor, surgeon assistant, or any other healthcare professional who has a solid knowledge and experience can be an expert witness. They can help the jury be able to comprehend the medical aspects involved in a claim.

A medical expert's report can be an effective tool for evidence that the defendant did not fulfill their duty to care and caused harm to you. Experts are legally bound to only give information they believe to be accurate. It is essential to select experts who can be trusted and are reliable.

A seasoned lawyer who specializes in malpractice cases can evaluate the case and determine whether an expert witness is required. In certain cases an expert's opinion may not be required because the medical records clearly demonstrate that a physician or healthcare worker made an error that resulted in your injury.

Depositions

A credible witness can help establish that a medical provider did not meet his or her duty of care. Your malpractice lawyer can locate witnesses, like pharmacists or nurses who were in the operating room or who witnessed the negligence from the other location. Witnesses can be questioned and can provide valuable information to help you prove your claim.

There are several types of damages that your New York malpractice attorney may recover on your behalf in an effective lawsuit. These include compensation for actual financial losses, including 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 anguish.

Some states set limits on the total amount a patient can receive in a medical negligence lawsuit. Your lawyer can explain how this affects your case.

Although the effects of a medical error could be catastrophic, many are able to seek compensation from the clinics or healthcare providers in which they work. A New York medical malpractice lawyer will have the knowledge and resources to make a convincing claim for you and your family.

Trial

Due to an error in the prescription or dispensing of medication patients can suffer various injuries. A mistake in the administration of blood thinners to patients at risk of suffering from strokes can cause death. New York attorneys at Duffy & Duffy can make malpractice lawsuits against pharmacists, doctors, and optometrists for knowingly prescribing drugs that lead to severe injury.

Even after a medical expert affirms that a healthcare provider did not meet the standards of care, proving the healthcare provider's actions led to the victim's damage can be difficult. A competent lawyer for malpractice can make use of hospital or doctor malpractice lawsuit policies, protocols and guides to present a case which shows the defendant's negligence.

Many medical malpractice cases settle before trial. An experienced lawyer is able to present your case to court if the insurance company is unwilling to accept a reasonable settlement during pretrial negotiations, or a jury verdict would result in a higher damages award. Depending on the quality of your case a medical malpractice case lawyer may be able to seek a case appeal, wherein an upper court reviews a lower court's decision. This process can be time-consuming and may require expert witnesses. It is an essential aspect in ensuring that your case is listened to in a fair way.