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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. Top New York malpractice attorneys know how to navigate these cases.

Malpractice occurs when doctors depart from the accepted medical practice which can result in injury or death. A malpractice lawsuit that is successful will offer compensation to pay for the past and future medical expenses, lost wages and consortium in addition to pain and suffering.

Medical Records

Medical records are a critical component of any medical malpractice case. Medical records can include many details that ranges from initial diagnoses and treatment plans. These records contain digital images of patients, surgical reports, flowsheets for intensive care units or operations, EKG tracings and other relevant documents. These documents can be utilized by lawyers to determine if a physician's actions fell below the standards of practice and caused harm.

Many healthcare facilities and hospitals are required by law to provide patients with copies of their medical records upon request. When a medical malpractice attorney is seeking records in connection with an upcoming lawsuit, they could face significant administrative delays. A New York City medical negligence attorney who is dedicated and knowledgeable can obtain these records swiftly.

A medical malpractice lawsuit must be filed within the specified time frame, known as the statute of limitations. In New York, this means that you have only two and two and a half years from date of the law or the omission or mistake that harmed you to file a lawsuit.

In the initial stages of a medical malpractice case the lawyer will require the most evidence possible. This includes all your medical records including the information above and hospital invoices, eyewitnesses statements as well as photos of your injuries.

Expert Witnesses

Medical malpractice cases usually require the use of expert witnesses. These are usually medical professionals that can provide an opinion of a doctor regarding the incident, indicating whether negligence took place or not. They are often asked to review medical files of a case. They also may be required to testify at the trial.

A nurse, surgeon assistant physician, doctor or any other healthcare professional who has a solid knowledge and experience can be an expert witness. They can provide a clear explanation of the medical aspects of a claim so that the jury can better understand their arguments.

A medical expert's report can be a powerful tool for evidence that the defendant did not fulfill their duty to care and caused you harm. These experts are required by law to swear that they only provide information they believe is true. They can be held liable for wrongful statements that are proven to be false, therefore it is essential to select experts who are trustworthy and reliable.

A seasoned lawyer who specializes in malpractice cases can review the case and malpractice attorney determine if an expert witness is needed. In some cases, an expert's testimony is not needed because the medical documents are clear and prove that the physician or healthcare professional made a mistake that lead to your injury or disease.

Deposits

A credible witness can help establish that a medical professional was not able to fulfill his obligation of care. Your malpractice lawyer may be able find witnesses such as pharmacists, nurses, radiology technicians doctors who have read test results ambulance attendants and other health care professionals who were in the operating room at the time of the wrongful act or witnesses from a different location. Witnesses can be questioned and can provide vital information to support your case.

There are many types of damages that your New York malpractice attorney may be able to recover on your behalf in an effective lawsuit. They include reimbursement for actual financial losses, such as 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 distress.

Certain states limit the amount a patient may receive for a medical malpractice suit. Your lawyer will explain the impact of this on your case.

Although the effects of a medical error could be catastrophic, many are able to seek 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 expertise needed to build a strong case for you and your loved family members.

Trial

A variety of injuries may result from a mistake made when prescribing or dispensing medication. For instance, a lapse in the administration of a blood thinner to patients who are already at risk for a stroke can be deadly. New York attorneys at Duffy & Duffy can make malpractice lawsuits against doctors, pharmacists and optometrists for Malpractice Attorney wrongfully prescribing drugs that cause severe injury.

Even if a medical expert confirms that a healthcare professional was not in compliance with the standard of care, proving that the provider's actions are responsible for the injuries suffered by the victim can be difficult. A skilled malpractice attorney can rely on the hospital or physician's policies, protocols and guidelines to create a case that proves the defendant's negligence.

Many medical malpractice lawsuits settle prior to trial. However, a seasoned lawyer should be prepared to take your case to trial should the insurance company decide not to settle a fair settlement amount during pretrial negotiations or if a jury's verdict is more likely to result in a higher damage award. A medical malpractice attorney could decide to appeal a lower court decision, depending on the strength and value of your case. This process is time-consuming and requires the involvement of expert witnesses. However, it can be an important step to make sure your case gets an honest hearing.