How a malpractice law firms Lawyer Can Help You File a Medical Malpractice Claim

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

Malpractice occurs when a physician is not following accepted medical procedures and results in death or injury. A successful malpractice suit can offer compensation for future and past medical expenses, lost earnings as well as loss of consortium and pain and suffering.

Medical Records

Medical records are an essential element in any malpractice case. Medical records can include lots of information, ranging from initial diagnoses and treatment plans. These records include digital images of patients flowsheets of surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These documents can be used by lawyers to determine whether a doctor's actions fell below the standards of practice and caused harm.

Many healthcare facilities and hospitals are legally required to provide patients with copies of their medical records upon request. However, if medical malpractice lawyers demand documents 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 the records quickly and efficiently.

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

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

Expert Witnesses

Medical malpractice cases often require the involvement of experts as witnesses. These are usually medical professionals that can provide an opinion from a medical professional regarding the situation, and whether negligence took place or not. They are usually called upon to examine the medical records of the case, and may be required to testify in person during the trial.

A nurse, surgeon assistant physician, doctor or other healthcare worker with extensive training and experience could be an expert witness. Expert witnesses can help explain the complicated medical aspects of a case so that the jury can better understand the claims.

A medical expert's testimony can be a powerful tool in showing that the defendant acted in violation of their duty to care and caused you harm. It is important to note that these experts are required to swear an oath that they will only give evidence they believe to be authentic. They can be held liable for false claims that are found to be false, therefore it is important to only hire experts who are trustworthy and reliable.

An experienced malpractice lawyer will evaluate a case and determine whether an expert witness is needed. In certain cases, the expert's testimony is unnecessary because the medical documents are clear and prove that the physician or healthcare professional made a mistake which led to your injury or disease.

Deposits

The testimony of a reliable witness can establish that the medical provider failed to perform his obligation of care. Your malpractice lawyer will be able to locate witnesses, like nurses or pharmacists who were in the operating room, or who witnessed the negligence from an alternate location. They can be deposed and provide important information to help you prove 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 lawsuit. You could recover your actual financial losses, including medical bills and lost wages. Additionally, non-economic damages are accessible, such as pain and suffering, loss enjoyment of life, disfigurement or mental or emotional distress.

Some states cap the amount of money a patient may receive for a medical malpractice suit. Your attorney can explain the impact of this on your case.

Although the impact of a medical error may be devastating, a lot of people are able to seek compensation from the healthcare providers or clinics in which they work. A New York medical malpractice lawyer will have the knowledge, resources and experience necessary to present a compelling claim for you and your family.

Trial

In the event of an error in the prescribing or dispensing of medication victims can suffer many kinds of injuries. A mistake in the administration of blood thinners to patients who are at risk of stroke could be fatal. New York attorneys at Duffy & Duffy can bring malpractice claims against pharmacists, doctors, and optometrists for wrongfully prescribing medications that cause severe injuries.

Even after a medical expert states that a healthcare practitioner was not up to the standard of care, proving the healthcare provider's actions led to the victim's damage can be a challenge. A competent malpractice lawyer can rely on the hospital or doctors' policies, protocols, and guidelines to create an argument that proves defendant's negligence.

Many medical malpractice lawsuits settle prior to trial. An experienced attorney will be prepared to take your case to court if an insurance company refuses a reasonable settlement during pretrial negotiations, or a jury verdict would result in a larger damages award. Based on the strength of your case, medical malpractice lawyers may decide to pursue a case appeal, wherein an appeals court will review the decision of a lower court. This is a lengthy process and requires the involvement of expert witnesses. But, it is essential to ensure your case receives an honest hearing.

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