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

Medical malpractice claims are among the most complex and difficult to get. Fortunately, the top New York malpractice lawyers know how to navigate these cases successfully.

Malpractice occurs when a physician is not following accepted medical procedures and causes injury or even death. A malpractice lawsuit that is successful could pay compensation for the past and future medical expenses, lost wages and consortium as well as suffering and pain.

Medical Records

Medical records are an important element in any malpractice case. Medical records contain many details including initial diagnoses and treatment plans. The majority of them contain 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 records can help a malpractice lawyer determine whether a doctor's actions fell below the standard of care and triggered harm.

Many hospitals and healthcare providers are legally required to provide patients with copies of their medical records upon request. However, if a medical malpractice lawyer requests documents in connection with a possible lawsuit against medical professionals for negligence, they could face significant administrative delays. A New York City medical negligence attorney who is dedicated and experienced can work to get these records in a short time.

A medical malpractice case must be filed within the specified time period, also known as the statute of limitations. In New York, this means that you have only two and a half years from the date of the law, omission or failure which caused you to make a claim.

In the beginning of a medical malpractice case, your lawyer will need as much evidence as possible. This includes all your medical records including the information mentioned above, but also hospital invoices, eyewitnesses statements and photographs of your injuries.

Expert Witnesses

Medical malpractice cases often require the involvement of experts as witnesses. They are usually medical professionals who have the ability to offer an opinion about the case and whether or not negligence occurred. They are frequently asked to look over the medical files of a case. They also may be required to testify at the trial.

An expert witness could be a surgeon's assistant, physician, a doctor, or any other healthcare professional who has extensive educational and practical experience in the medical field. They can help the jury be able to comprehend the medical aspects involved in a case.

A medical expert's report can be a powerful tool for proving that the defendant violated their duty to care and caused you harm. Experts are required by law to swear to only provide information they believe is authentic. It is crucial to only work with experts who are trustworthy and are 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 not needed because the medical records are clear and show that the healthcare professional made a mistake which led to your injury or disease.

Depositions

A reliable witness testimony can establish that the medical professional failed to perform his duty of care. Your malpractice lawyer may be able find witnesses such as nurses, pharmacists, radiology technicians, doctors who read test results ambulance attendants or other health professionals who were in the operating room at the time of the negligence or witnesses from a different location. They are able to be deposed and provide crucial details to support your case.

Your New York malpractice lawyer may be able to collect a variety of types of damages on your behalf if you win your case. You can seek to recover your real financial losses like medical bills and lost wages. Other damages are also accessible, such as the loss of enjoyment of life, disfigurement and mental or emotional distress.

Certain states have caps on the total amount of money that the patient could receive in a medical negligence lawsuit. Your attorney will explain how this affects your case.

While the experience of a medical error can be devastating, thousands of people are able to recover compensation from healthcare providers and the hospitals or clinics in which they work. A New York medical malpractice lawyer has the knowledge, resources and experience to create a solid claim for you and your family.

Trial

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

Even if a medical expert certifies that a healthcare provider didn't meet the requirements of health care, proving that the provider's actions are responsible for the victim's injuries may be difficult. A competent malpractice lawyer can rely on the hospital or doctor's policies, protocols and guidelines to build an argument that proves the defendant's negligence.

Many medical malpractice cases settle before trial. An experienced attorney is able to take your case to court if the insurance company refuses to settle a fair settlement in pretrial negotiations, or a jury verdict could result in a greater damage award. Depending on the strengths of your case a medical malpractice lawyer may decide to file an appeal process, where an appeals court will review a lower court's decision. This process can be time-consuming and may require expert witnesses. It is an essential step in ensuring your case is listened to in a fair way.