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

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

Malpractice is when doctors deviate from accepted medical practices, causing injury or death. A malpractice lawsuit that is successful will offer compensation to pay for future and past medical expenses, lost wages, consortium and pain and suffering.

Medical Records

Medical records are an important element of any malpractice lawsuit. Medical records can include an array of information which range from the initial diagnosis and treatment plans. Typically, these include digital images of the patient as well as flowsheets, reports of surgery, from intensive care or operations units, EKG tracings, informed consent forms and other pertinent documents. These documents can be used by lawyers to determine if the doctor's actions were below the standard of practice and harmed.

Many hospitals and healthcare providers are required to provide copies of patients' medical records on request. If a medical malpractice attorney requires records as part of a lawsuit, they could face significant administrative delays. A dedicated and experienced New York City medical malpractice attorney can get the records quickly and efficiently.

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 only have two and a half years from the date of the law or error that caused you harm to pursue a lawsuit.

Your lawyer should gather as much evidence in the beginning stages of a medical malpractice case. This includes all your medical records, including the above information as well as hospital invoices, eyewitnesses' statements and photographs of your injuries.

Expert Witnesses

Medical malpractice lawyers cases often require the involvement of expert witnesses. They are usually medical professionals with the ability to offer an opinion on the situation and whether or not negligence occurred. They are often required to review medical records of a case and may be required to testify in trial.

A nurse, surgeon assistant doctor, surgeon assistant, or any other healthcare professional with a high level of training and experience could be an expert witness. They can assist in explaining the complex medical aspects of a claim to help the jury better understand them.

When the testimony of a medical specialist 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. It is important to understand that these experts are required to sign an oath of only providing the information they believe to be truthful. It is important that you only hire experts who are trustworthy and reliable.

A skilled malpractice lawyer will evaluate a case and determine whether an expert witness is required. In some instances, the expert's testimony is unnecessary because the medical records are clear and show that the doctor or healthcare worker committed a mistake that led to your injury or health issues.

Depositions

A reliable witness can help establish that a medical professional did not fulfill his or obligation of care. Your malpractice lawyer can find witnesses, like nurses or pharmacists who were present in the operating room, or who witnessed the negligence from another location. These witnesses can be deposed, and provide valuable information to support your claim.

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

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

Although the repercussions of a medical error can be devastating, 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, skills and experience required to construct a solid case for yourself and your loved ones.

Trial

In the event of an error in prescribing or dispensing of medication, victims can suffer various injuries. For instance, a lapse in the administration of a blood thinner to patients already at risk of strokes can be fatal. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against doctors and pharmacists who have prescribed drugs that cause severe injury.

Even if a medical expert declares that a healthcare professional didn't meet the standard of care, proving the care provider's actions contributed to the victim's damages can be challenging. A competent lawyer for malpractice can apply hospital or doctor's policies, protocols and guides to construct a case that shows the defendant's negligence.

Many medical malpractice lawsuits settle before trial. Nevertheless, an experienced attorney should be ready to take your case to trial if the insurance company refuses to pay a fair settlement amount during negotiations before trial or a jury verdict is more likely to result in a bigger damages award. A medical malpractice lawyer could decide to appeal a lower court decision, based on the merits and importance of your case. This procedure is lengthy and requires the participation of expert witnesses. It is crucial to ensure that your case is given an impartial hearing.