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

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

Malpractice occurs when doctors stray from the accepted medical practice, causing injury or death. A malpractice lawsuit that is successful will provide compensation to cover future and past medical expenses, lost wages and consortium as well as pain and suffering.

Medical Records

Medical records are an essential element of any malpractice lawsuit. Medical records can contain lots of information, ranging from initial diagnoses and treatment plans. These records contain digital images of patients flowsheets of surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These records can be used by a lawyer to determine if a physician's actions were not within the norms of practice and harmed.

Many healthcare facilities and hospitals are required to supply copies of patients' medical records upon request. However, when an attorney for medical malpractice requests records as part of a possible lawsuit against an healthcare provider for negligence, they could be faced with significant administrative issues. An experienced and dedicated New York City medical malpractice attorney can work to obtain these 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 one-half years from the date of the act or error which caused you to pursue a lawsuit.

In the beginning stages of a claim for medical malpractice, your lawyer will need as much evidence as possible. This includes all your medical records including the above information as well as hospital invoices, eyewitnesses statements, and photos of your injuries.

Expert Witnesses

Medical malpractice cases usually require the involvement of experts as witnesses. They are typically medical professionals with the ability to provide an opinion on the case and whether or not negligence occurred. They are usually asked to look over the medical records of a case and malpractice attorneys could be required to give testimony during trial.

An expert witness could be a nurse, surgeon's assistant, physician, a doctor, or any other healthcare worker with a substantial amount of educational and practical experience in the medical field. They can assist in explaining the complex medical aspects of a claim so that jurors can better understand their role.

A medical expert's report can be an effective tool in showing that the defendant acted in violation of their duty of care and caused you harm. These experts are legally required to swear to only give information they believe to be accurate. It is essential to only work with experts who are trustworthy and reliable.

A skilled malpractice lawyer can assess a case to determine whether an expert witness is required. In some cases, an expert's testimony is not needed because the medical records are clear and prove that the healthcare professional committed a mistake that led to your injury or additional disease.

Depositions

A reliable witness testimony will prove that the medical professional did not to meet his or her 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 an alternate location. Witnesses can be questioned and provide valuable evidence to prove your case.

Your New York malpractice lawyers lawyer may be able to collect a variety of kinds of damages on your behalf if you prevail in your lawsuit. You can recover your actual financial losses, such as medical bills and lost wages. Other damages are also available, such as the loss of enjoyment of life, disfigurement, and mental or emotional distress.

Some states cap the amount the patient could receive as a result of a medical malpractice lawsuit. Your lawyer can explain how this impacts your case.

While the consequences of a medical mistake can be traumatic, thousands of people do recover compensation from healthcare providers and the clinics or hospitals where they work. A New York medical negligence lawyer can provide you with the resources, expertise and experience required to construct a solid case for yourself and your loved ones.

Trial

A variety of injuries may result from a mistake in prescribing or dispensing medication. For instance, a misstep in administering a blood thinner to patients who are already at risk for strokes can result in fatal. New York attorneys at Duffy & Duffy can file malpractice lawsuits against doctors, pharmacists and optometrists for knowingly prescribing drugs that cause severe injury.

Even after a medical expert declares that a healthcare professional didn't meet the standard of care, proving the healthcare provider's actions led to the victim's damages isn't easy. A skilled attorney for malpractice will rely on hospital or doctors' policies, protocols, and guidelines to create an argument that proves defendant's negligence.

Many medical malpractice lawsuits settle before trial. However, a seasoned lawyer should be prepared to bring your case to trial when the insurance company is refusing to settle a fair settlement amount in the course of negotiations prior to trial or if a jury verdict is more likely to result in a bigger damage award. A medical malpractice law firm attorney could choose to appeal a lower court decision, based on the strength and merits of your case. The process can be long and may require expert witnesses. It is an essential aspect in ensuring that your case is heard in a fair manner.