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

Medical malpractice claims are among the most complicated and Malpractice attorneys difficult to get. Top New York malpractice attorneys know how to successfully navigate these cases.

Medical malpractice occurs when a doctor does not follow accepted medical practices and causes injury or even death. A successful malpractice lawsuit could offer compensation for past and future: medical expenses, lost earnings and consortium loss, and suffering and pain.

Medical Records

Medical records are an essential part of any medical negligence case. They often contain a great quantity of information, ranging from initial diagnoses to treatment plans. These records include digital images of patients, flowsheets, reports on surgery, intensive care units or operations, EKG tracings and other relevant documents. These records can be used by a lawyer to determine if a doctor's actions were not in line with 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, when a medical malpractice lawyer requests records as part of a potential lawsuit against a health care provider for negligence, they may be faced with significant administrative issues. A knowledgeable and experienced New York City medical malpractice lawyer can obtain the records quickly and efficiently.

The statute of limitations is a time period within which a medical negligence claim must be filed. In New York, this means that you have only two and two and a half years from date of the act or error that led to your injury to make a claim.

Your lawyer should gather as much evidence as they can in the initial stages of your medical malpractice claim as you can in the beginning. This includes all of your medical records including the above information, but also hospital invoices, eyewitnesses' testimony, and photos of your injuries.

Expert Witnesses

Medical malpractice cases often require the involvement of expert witnesses. They are usually medical professionals with the ability to offer an opinion on the case and whether negligence took place. They are frequently called upon to review a case's medical records, and may be required to testify in person during the trial.

An expert witness can be a nurse, surgeon's assistant, doctor, a physician or any other healthcare worker who has extensive educational and practical experience in the medical field. They can assist jurors understand complex medical aspects in the case.

A medical expert's report can be an effective tool in evidence that the defendant did not fulfill their duty to care and caused harm to you. They are legally required to swear to only present the information they believe to be true. It is essential that you choose experts that you can trust and are reliable.

An experienced lawyer who specializes in malpractice cases can review the case and determine if an expert witness is required. In some instances, the expert's report is not necessary since the medical records are clear and show that the physician or healthcare worker made a mistake that led to your injury or disease.

Deposits

Having reliable witness testimony can help establish that the medical professional failed to fulfill his or her obligation of care. Your malpractice lawyer can locate witnesses, such as pharmacists or nurses who were in the operating room, or who witnessed the negligence from an alternate location. These witnesses can be deposed and can provide vital details to support your case.

Your New York malpractice lawyer may be able to recover a variety of kinds of damages on your behalf if you prevail in your case. You can recover your actual financial losses such as medical bills and lost wages. Non-economic damages are also available, such as the loss of enjoyment of life, disfigurement or emotional or mental distress.

Some states place caps on the total amount the patient could receive in a medical negligence lawsuit. Your attorney will explain how this affects your case.

While the consequences of a medical error could be catastrophic, many are able to recover compensation from the healthcare providers or clinics where they work. A New York medical malpractice lawyer will have the knowledge, resources and experience necessary to build a strong claim for you and your family.

Trial

Many injuries can result from an error made in prescribing or dispensing medication. A mistake in the administration of blood thinners for patients at risk of suffering from strokes can be fatal. New York attorneys at Duffy & Duffy can file malpractice lawsuits against pharmacists, doctors and optometrists for knowingly prescribing medications that can cause serious injury.

Even if a medical expert states that a healthcare practitioner was not up to the standard of care, proving the actions of the provider caused the victim's injury can be challenging. 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 lawyer will be able to present your case to the court if the insurance company refuses to settle a fair settlement in negotiations before trial, or if jury verdict would result in a greater damage award. An attorney who is a medical professional may 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's an important step to make sure your case receives an honest hearing.