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

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

Malpractice is when doctors deviate from accepted medical practices and cause injury or even death. A malpractice lawsuit that is successful will be able to recover compensation for future and past medical expenses, lost wages and consortium in addition to pain and suffering.

Medical Records

Medical records are an essential element of any malpractice lawsuit. Medical records can contain lots of information including initial diagnoses and treatment plans. These records include digital images of patients flowsheets for surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These documents can help an attorney for malpractice determine if a doctor's actions fell below the standard of care and caused harm.

Many healthcare providers and hospitals are required to provide copies of medical records upon request. If a medical professional requests records as part of a potential lawsuit, they could face significant administrative delays. A knowledgeable and experienced New York City medical malpractice lawyer can obtain the records quickly and efficiently.

The statute of limitations is a time limit within which a medical negligence claim has to be filed. In New York this means you only have two and one quarter years to file a lawsuit from when the act or omission caused you harm.

During the early stages of a claim for medical malpractice, your lawyer will need as much evidence as possible. This would include all medical documents, including the above information, but also hospital bills, eyewitness statements as well as photographs of your injuries.

Expert Witnesses

Expert witnesses are frequently required in medical malpractice cases. These are generally medical professionals that can provide an opinion on the medical aspect of the situation, and whether negligence occurred or not. They are usually called upon to examine a case's medical records, and they could also be required to testify in person at the trial.

An expert witness could be a surgeon's assistant, a doctor, physician or any other healthcare professional who has significant educational and practical experience in the medical field. They can help explain complex medical aspects of a case so that jurors can better understand the claims.

A medical expert's report can be a powerful tool in evidence that the defendant did not fulfill their duty of caring and caused harm to you. These experts are legally required to swear to only present information they believe is accurate. They are accountable for any false statements that are found to be false, therefore it is important to only select experts who are reliable and trustworthy.

An experienced lawyer who is skilled in malpractice cases can evaluate the situation and determine if an expert witness is needed. In some instances, the expert's testimony is not needed because the medical documents are clear and prove that the physician or healthcare worker made a mistake that led to your injury or additional disease.

Deposits

Having reliable witness testimony can prove that the medical provider failed to fulfill his obligation of care. Your malpractice lawyer might be able to identify witnesses such as nurses, pharmacists, 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 a different location. These witnesses can be interviewed and provide important information to back your claim.

Your New York malpractice lawyer may be able to recover several kinds of damages on your behalf if you win your case. These include reimbursement for your actual financial losses, including medical expenses and lost wages, as well as non-economic damages that are more subjective, such as pain and suffering and loss of enjoyment life disfigurement, emotional or mental anguish.

Certain states have caps on the amount patients can be awarded in a medical malpractice lawsuit. Your attorney can explain the effect of this on your case.

Although the impact of a medical error can be catastrophic, many are able to recover compensation from the healthcare providers or clinics in which they work. A New York medical negligence lawyer can provide you with the resources, expertise and knowledge required to create a solid case for yourself and your loved ones.

Trial

Due to an error in prescribing or dispensing of medication victims can suffer various injuries. For instance, a mistake in administering a blood thinner to patients already at risk of having strokes could be fatal. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against doctors and pharmacists who have prescribed medications that cause serious injury.

Even if a medical expert certifies that a healthcare provider did not meet the standard of health care, proving that the doctor's actions are responsible 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 create a case that establishes the defendant's negligence.

Many medical malpractice lawsuits settle prior to trial. However, a seasoned attorney should be ready to take your case to trial if the insurance company refuses to pay a reasonable settlement amount in pretrial negotiations, or if a jury's verdict is more likely to result in a greater damage award. Depending on the strength of your case a medical malpractice lawyer may be able to seek an appeal of the case, in which a higher court reviews the decision of a lower court. The process can be long and requires expert witnesses. It is a crucial step in ensuring your case is listened to in a fair way.