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

Medical malpractice claims are among the most difficult and difficult to win. Top New York malpractice law firm attorneys know how to handle these cases.

Malpractice occurs when doctors stray from accepted medical practices that cause injury or death. A malpractice lawsuit that is successful can offer compensation to pay for past and future medical expenses, lost wages and consortium and pain and suffering.

Medical Records

Medical records are an essential part of any medical malpractice case. Medical records can contain many details that ranges from initial diagnoses and treatment plans. Most often, they include 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 be used by lawyers to determine whether a doctor's actions were below the standard of practice and caused harm.

Many healthcare facilities and hospitals are required by law to provide patients with copies of their medical records upon request. When a medical malpractice lawyer requires records as part of an upcoming lawsuit, they may experience significant administrative delays. A New York City medical negligence attorney who is committed and experienced can work to get these records quickly.

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

In the initial stages of a claim for medical malpractice the lawyer will require the most evidence possible. This includes any and all medical documents, including the above information as well as hospital bills, eyewitness testimony and photos of your injuries.

Expert Witnesses

Medical malpractice cases typically require the involvement of experts as witnesses. These are generally medical professionals who are able to provide an opinion of a doctor regarding the situation, and whether negligence occurred or not. They are often called upon to look over the medical records of the case, and may be required to testify in person at the trial.

A nurse, surgeon assistant, physician, doctor, or other healthcare worker with extensive training and experience could be an expert witness. They can assist jurors be able to comprehend the medical aspects involved in a case.

When the testimony of a medical expert is presented in court, it could be a powerful tool to establish that the defendant has violated their duty of care and caused harm in the process. These experts are legally bound to only give the information they believe to be true. They are accountable for any false statements which are later found to be false, therefore it is essential to only select experts who are reliable and trustworthy.

An experienced attorney for malpractice can review a case and determine if an expert witness is required. In some cases, the expert's testimony is not needed because the medical records are clear and prove that the doctor or healthcare professional made a mistake that led to your injury or health issues.

Deposits

The testimony of a reliable witness will prove that the medical professional did not to meet his or her duty of care. Your malpractice lawyer can identify witnesses, such as nurses or pharmacists who were in the operating room, or who observed the negligent act from the other location. They can be deposed and provide valuable evidence to support your claim.

Your New York malpractice lawyer may be able to recover several types of damages on your behalf if you prevail in your case. These include reimbursement for your actual financial losses, such as medical expenses and lost wages, and non-economic damages that are more subjective, like pain and suffering and loss of enjoyment life and disfigurement, as well as emotional or mental distress.

Some states place caps on the total amount patients can be awarded in a lawsuit for medical malpractice. Your lawyer can explain the implications of this on your case.

While the experience of a medical error may be devastating, thousands of people can claim compensation from healthcare providers as well as the hospitals or clinics where they work. A New York medical malpractice lawyer can provide the skills, resources and experience to present a compelling claim for you and your family.

Trial

In the event of an error in the prescription or dispensing of medication, victims can suffer many kinds of injuries. A mistake when administering blood thinners for patients at high risk of sustaining strokes could cause fatal injury. New York attorneys at Duffy & Duffy can file malpractice lawsuits against pharmacists, doctors and optometrists for knowingly prescribing medications that cause severe injury.

Even if a medical expert declares that a healthcare provider was not in compliance with the standard of health care, proving that the provider's actions were responsible for the injuries suffered by the victim can be difficult. A skilled malpractice lawyer can make use of hospital or doctor policies as well as protocols and guidelines to create a case that shows the defendant's negligence.

Many medical malpractice cases settle prior to trial. However, a seasoned attorney should be ready to bring your case to trial in the event that the insurance company refuses to settle for a fair amount during pretrial negotiations or if a jury verdict more likely to result in a bigger damages award. Based on the quality of your case a medical malpractice lawyer may decide to file an appeal of the case, in which a higher court reviews the lower court's decision. The process can be lengthy and requires the involvement of expert witnesses. But, it is crucial to ensure that your case receives a fair hearing.