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

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

Medical malpractice occurs when doctors deviate from the accepted medical practice and cause injury or even death. A malpractice lawsuit (more information) that is successful can pay compensation for the past and future medical expenses, lost wages and consortium in addition to suffering and pain.

Medical Records

Medical records are an essential element of any malpractice lawsuit. Medical records may contain an array of information which range from the initial diagnosis and treatment plans. Most often, they include digital images of the patient, surgical reports, flowsheets from operations or intensive care units, EKG tracings, informed consent forms, and other pertinent documents. These records can be used by a lawyer to determine if a doctor's actions fell below the standards of practice and harmed.

Many healthcare facilities and hospitals are required to supply copies of medical records on request. However, when a medical malpractice lawyer requests documents as part of a possible lawsuit against a health care provider for negligence, they may experience significant administrative delays. A dedicated and experienced New York City medical malpractice attorney can help obtain the records quickly and efficiently.

A medical malpractice lawsuit must be filed within a certain 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 that the act, omission, or failure caused you harm.

In the beginning of a medical negligence claim the lawyer will require the most evidence possible. This includes any and all of your medical records, including the aforementioned information as well as hospital bills, eyewitness accounts and photographs of your injuries.

Expert Witnesses

Medical malpractice cases usually require the use of expert witnesses. These are generally medical professionals who can offer an opinion from a medical professional regarding the situation, and whether negligence took place or not. They are usually asked to review the medical documents of a case, and may be required to testify during trial.

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

A medical expert's testimony could be an effective tool in proving that the defendant violated their duty of caring and caused harm to you. It is important to note that these experts must take an oath of only providing the information they believe to be true. It is important that you only hire experts you can trust and malpractice lawsuit who are reliable.

A seasoned lawyer who specializes in malpractice cases will evaluate the situation and determine if an expert witness is required. In certain cases an expert's opinion may not be needed because medical records show that a physician or healthcare worker committed an error that resulted in your injury.

Deposits

Witness testimony from a credible source can prove that the medical professional did not to fulfill his or her duty of care. Your malpractice lawyer can identify witnesses, like nurses or pharmacists who were in the operating room, or who observed the negligent act from an alternate location. These witnesses can be interviewed, and provide valuable information to prove your case.

There are several types of damages that your New York malpractice attorney may obtain on your behalf if you file the event of a successful lawsuit. You can seek to recover your real financial losses such as medical bills and lost wages. Non-economic damages are also available, Malpractice lawsuit including pain and suffering, loss enjoyment of life, disfigurement or emotional or mental distress.

Some states set limits on the amount of money that patients can receive in a medical malpractice lawsuit. Your lawyer can explain the impact of this on your case.

Although the effects of a medical mistake can be devastating, many people are able to obtain compensation from the healthcare providers or clinics where they work. A New York medical negligence lawyer can provide you with the resources, skills and experience required to construct a strong case for you and your loved ones.

Trial

A variety of injuries can result from a mistake in prescribing or dispensing medication. For instance, a lapse when administering a blood thinner to patients who are already at risk of suffering a stroke can be deadly. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against pharmacists and doctors who prescribed drugs that cause severe injuries.

Even if a medical expert declares that a healthcare professional failed to meet the standard of care, proving the provider's actions caused the victim's injuries can be a challenge. A seasoned malpractice lawyer will apply hospital or doctor's policies as well as protocols and guidelines to create a case that establishes the defendant's wrongful.

Many medical malpractice lawsuits settle before trial. An experienced attorney is prepared to take your case to court if the insurance provider refuses a reasonable settlement during negotiations prior to trial, or if a jury verdict could result in a higher damage award. Based on the strengths of your case a medical malpractice lawyer could be able to seek an appeal in which an appeals court will review the decision of a lower court. This procedure is lengthy and requires the participation of expert witnesses. It is an essential step in ensuring your case is heard in a fair manner.