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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 be successful. Top New York malpractice attorneys know how to handle these cases.

Medical malpractice occurs when doctors deviate from accepted medical practices that cause injury or death. A successful malpractice case can provide compensation for future and past medical expenses, lost wages lost consortium, and suffering and pain.

Medical Records

Medical records are an essential component of any malpractice case. They often contain a great amount of information, Malpractice ranging from initial diagnoses to treatment plans. The majority of them contain digital images of the patient and their surgical reports, flowsheets from operations or intensive care units, EKG tracings, informed consent forms and other relevant documents. These documents can help an attorney for malpractice to determine whether a doctor's actions fell below the standards of care and caused harm.

Many hospitals and healthcare providers must provide copies of patients' medical records upon request. If a medical malpractice attorney requests records as part of a potential lawsuit, they could experience significant administrative delays. An experienced and dedicated New York City medical malpractice attorney can help obtain the records quickly and efficiently.

The statute of limitations is a time limit within which a medical negligence claim must be filed. In New York this means you have just two and a quarter years to file a lawsuit starting from the date of the incident or omission caused harm to you.

In the initial stages of a medical malpractice case, your lawyer will need as much evidence as possible. This includes all your medical records, including the information above, but also hospital invoices, eyewitnesses' statements as well as photos of your injuries.

Expert Witnesses

Medical malpractice cases typically require the involvement of experts as witnesses. They are typically medical professionals who are able to provide an opinion on the medical aspect of the incident, indicating whether negligence occurred or not. They are frequently asked to review the medical records in a case and they could also be required to testify in person at the trial.

A surgeon assistant, nurse doctor, surgeon assistant, or any other healthcare professional with extensive training and experience could be an expert witness. They can help the jury understand complex medical aspects in the case.

When the testimony of a medical expert is presented in court, it could be a powerful tool to prove the defendant breached their duty of care and caused harm in the process. Experts are legally bound to only provide evidence they believe to be authentic. It is important that you only work with experts that you can trust and have a track record of reliability.

An experienced attorney for malpractice can assess a case to determine if an expert witness is required. In some cases an expert's report may not be necessary because the medical records clearly demonstrate that a healthcare worker made an error that caused your injury.

Depositions

The testimony of a reliable witness can establish that the medical professional failed to perform his duty of care. Your malpractice lawyer might be able to identify witnesses such as nurses, pharmacists radiology technicians, doctors who read test results, ambulance attendants or other health care professionals who were in the operating room at the time of the negligent act or who witnessed it from another location. These witnesses can be interviewed and provide valuable evidence to back your claim.

There are several types of damages that your New York malpractice law firms attorney may get on your behalf in a successful lawsuit. You can recover your actual financial losses, such as medical bills and lost wages. Additionally, non-economic damages are available, including the loss of enjoyment of life, disfigurement and emotional or mental distress.

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

While the consequences of a medical mistake can be devastating, many are able to recover compensation from the healthcare providers or clinics where they work. A New York medical negligence lawyer can provide you with the resources, skills and knowledge required to create an impressive case for you and your loved ones.

Trial

Many injuries can result from an error made in prescribing or dispensing medication. A mistake in administering blood thinners to those at high risk of sustaining strokes could be fatal. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against doctors and pharmacists who prescribed medications that cause serious injury.

Even after a medical professional states that a healthcare practitioner was not up to the standard of care, proving the care provider's actions contributed to the victim's injury isn't easy. A competent lawyer for malpractice can use hospital or doctor policies guidelines, protocols, and other documents to build a case that establishes the defendant's negligence.

Many medical malpractice cases settle prior to trial. However, a seasoned lawyer should be prepared to bring your case to trial if the insurance company refuses to pay a fair settlement amount in the course of negotiations prior to trial or if a jury verdict more likely to result in a greater damage award. Based on the strength of your case, an attorney for medical malpractice may decide to file a case appeal, wherein a higher court reviews the decision of a lower court. This procedure can be lengthy and requires expert witnesses. But, it is an important step to ensure your case gets an honest hearing.