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

Medical malpractice claims are among the most difficult and difficult to prevail. The best New York malpractice attorneys know how to successfully navigate these cases.

Medical malpractice occurs when a doctor departs from accepted medical practices and results in death or injury. A successful malpractice lawsuit can offer compensation for past and future: medical expenses, lost wages and consortium loss, and the pain and suffering.

Medical Records

Medical records are an important part of any malpractice case. Medical records can contain an array of information including initial diagnoses and treatment plans. These records can include digital photos of patients flowsheets for 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 in line with the standards of practice and harmed.

Many hospitals and healthcare providers are required by law to provide patients with copies of their medical records upon request. However, when a medical malpractice lawyer requests documents as part of a potential lawsuit against an healthcare provider for negligence, they may experience significant administrative delays. A dedicated and experienced New York City medical malpractice attorney can get these records quickly and efficiently.

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

Your lawyer will need to gather as much evidence as possible in the beginning stages of a medical malpractice case. This includes all your medical records including the information mentioned above along with hospital invoices, eyewitnesses' testimony as well as photos of your injuries.

Expert Witnesses

Medical malpractice cases often require the use of expert witnesses. They are typically medical professionals who have the capacity to give an opinion regarding the case and whether or not negligence occurred. They are usually asked to look into the medical records of a case and may be required to testify at trial.

A surgeon assistant, nurse physician, doctor or any other healthcare professional with significant training and practical experience can be an expert witness. Expert witnesses can help explain the complicated medical aspects of a claim so that the jury can better comprehend their role.

When the testimony of a medical specialist is presented in court, it could be a powerful evidence tool to prove the defendant breached their duty of care and caused harm as a result. Experts are legally bound to only give information they believe is accurate. It is essential to only hire experts that you can trust and reliable.

An experienced attorney for malpractice can review a case and determine if an expert witness is needed. In some cases an expert's testimony might not be necessary since the medical records clearly demonstrate that a physician or healthcare worker made an error that led to your injury.

Deposits

A reliable witness testimony will prove that the medical provider failed to fulfill his or her duty of care. Your malpractice lawyer might be able find witnesses like nurses, pharmacists, radiology technicians doctors who have read test results ambulance attendants or other health care professionals who were in the operating room at the time of the negligent act, or witnesses from a different location. These witnesses can be deposed and may provide valuable information to support your case.

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

Some states cap the amount patients can receive for a medical malpractice lawyers suit. Your lawyer will explain how this affects your case.

While the consequences of a medical mistake can be devastating, many can recover compensation from the healthcare providers or clinics in which they work. A New York medical malpractice lawyer will have the knowledge, resources and experience to create a solid claim for you and your family.

Trial

In the event of an error in prescribing or dispensing of medication patients may suffer various injuries. For instance, a misstep in the administration of a blood thinner to patients already at risk of having strokes could be fatal. New York attorneys at Duffy & Duffy can assert malpractice claims against pharmacists, doctors, and optometrists for prescribing incorrectly drugs that lead to severe injuries.

Even after a medical expert states that a healthcare practitioner did not meet the standards of care, proving the care provider's actions contributed to the victim's injuries isn't easy. A competent lawyer for malpractice can make use of hospital or doctor policies, protocols and guides to present a case which establishes the defendant's negligence.

Many medical malpractice lawsuits settle before trial. However, a knowledgeable attorney should be ready to take your case to trial if the insurance company refuses to settle a fair settlement amount during negotiations before trial or if a jury verdict more likely to result in a higher damage award. Depending on the quality of your case a medical malpractice lawyer may also decide to pursue an appeal process, where an upper court reviews the decision of a lower court. This procedure is lengthy and requires the involvement of experts. However, it can be crucial to ensure that your case is given an impartial hearing.