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

Medical malpractice cases are among the most complicated and difficult to prevail. Fortunately, the best New York malpractice lawyers know how to handle these cases successfully.

Medical malpractice occurs when doctors deviate from accepted medical practices which can result in injury or death. A malpractice lawsuit that is successful will provide compensation to cover 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. They typically contain a quantity of information, ranging from initial diagnoses to treatment plans. Most often, they include 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 records can be used by lawyers to determine if the doctor's actions fell below the standards of practice and resulted in harm.

Many healthcare facilities and hospitals are required by law to provide patients with copies of their medical records upon request. However, if medical malpractice lawyers request records in the context of an upcoming lawsuit against the health care provider for negligence, they may be faced with significant administrative issues. A skilled and dedicated New York City medical malpractice attorney can get the records quickly and efficiently.

A medical malpractice case must be filed within a certain timeframe, referred to as the statute of limitations. In New York, this means that you only have two and two-and-a-half years from the date of the law or error that led to your injury to pursue a lawsuit.

Your lawyer should gather as much evidence as they can in the initial stages of your medical malpractice claim. This includes any and all medical records, including the aforementioned information, but also hospital bills, eyewitness testimony, and photographs of your injuries.

Expert Witnesses

Medical malpractice cases often require the involvement of expert witnesses. These are generally medical professionals who are able to provide an opinion from a medical professional regarding the case, including whether negligence took place or not. They are frequently asked to look over the medical evidence of a case and may be required to testify at the trial.

A nurse, surgeon assistant doctor, surgeon assistant, or other healthcare worker with a high level of education and practical experience can be an expert witness. They can help explain complex medical aspects of a case to allow the jury to better understand their role.

A medical expert's report can be an effective tool for evidence that the defendant did not fulfill their duty of caring and caused harm to you. Experts are legally required to swear to only provide evidence they believe to be accurate. It is essential that you choose experts you can trust and who are reliable.

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

Depositions

Witness testimony from a credible source can help establish that the medical professional failed to fulfill his duty of care. Your malpractice lawyer can locate witnesses, such as nurses or pharmacists who were present in the operating room, or who observed the negligent act from a different location. Witnesses can be questioned and can provide valuable information to help you prove your claim.

There are several types of damages that your New York malpractice attorney may obtain on your behalf if you file an effective lawsuit. You may be able to recover your actual financial losses such as medical bills and lost wages. Other damages are also available, including suffering and pain, loss of enjoyment of life, disfigurement or emotional or mental distress.

Certain states have caps on the amount of money that a patient can receive in a medical malpractice attorneys suit. Your attorney can explain how this impacts your case.

Although the impact of a medical error could be devastating, thousands of people do receive compensation from healthcare providers and the hospitals or clinics where they work. A New York medical negligence lawyer can provide you with the tools, resources and experience needed to build a solid case for yourself and your loved ones.

Trial

Many injuries can result from a mistake in prescribing or dispensing medication. A mistake in the administration of blood thinners to patients at risk of stroke can be fatal. Duffy & Duffy, New York lawyers can bring malpractice suits against pharmacists and doctors who have prescribed medications that cause serious 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 were responsible for the injuries suffered by the victim can be difficult. A competent malpractice lawyer can make use of hospital or doctor policies, protocols and guides to build a case that proves the defendant's negligent.

Many medical malpractice lawsuits settle before trial. An experienced attorney will be able to take your case to the court if the insurance company refuses to settle a fair settlement in negotiations prior to trial, or if a jury verdict would result in a greater damage award. Based on the strength of your case medical malpractice lawyers may decide to pursue an appeal in which the higher court reviews a lower court's decision. This procedure can be lengthy and involves expert witnesses. It is an essential step to ensure that your case is heard in a fair manner.