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

Medical malpractice cases are among the most complex and difficult to get. Fortunately, top New York malpractice lawyers know how to handle these cases successfully.

Malpractice occurs when a doctor does not follow accepted medical practices and causes injury or death. A malpractice lawsuit that is successful may be able to recover compensation for the past and future medical expenses, lost wages and consortium as well as pain and suffering.

Medical Records

Medical records are an essential component of any medical malpractice case. They often contain a deal of information, from initial diagnoses to treatment plans. They include digital photographs of patients flowsheets of surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These records can help a malpractice lawyer determine whether the actions of a doctor were not up to the norm of care and caused harm.

Many hospitals and healthcare providers are legally required to provide patients with copies of their own 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 could experience significant administrative delays. A knowledgeable and experienced New York City medical malpractice law firms attorney can get the records quickly and efficiently.

The statute of limitations is a time limit within which a medical negligence claim has to be filed. In New York, this means that you only have two and two and a half years from date of the law or error that harmed you to bring a lawsuit.

In the beginning of a medical negligence claim the lawyer will require as much evidence as they can. This includes all of your medical records including the above-mentioned information, but also hospital invoices, eyewitnesses' statements, and photos of your injuries.

Expert Witnesses

Medical malpractice cases typically require the use of expert witnesses. They are usually medical professionals with the ability to offer an opinion on the situation and whether negligence occurred or not. They are frequently called upon to look over a case's medical records, and may be required to testify in person during the trial.

An expert witness can be a surgeon's assistant, doctor, physician or any other healthcare worker with a substantial amount of educational and practical experience in the medical field. They can assist in explaining the complex medical aspects of a case so that the jury can better understand their role.

When the testimony of a medical expert is presented in court, it can be a powerful tool used to establish that the defendant has violated their duty of care and caused harm as a result. It is important to understand that experts are required to swear an oath of only providing the information they believe to be true. It is essential that you select experts you can trust and have a track record of reliability.

A seasoned lawyer who specializes in malpractice cases can review the case and determine if an expert witness is needed. In some instances an expert's report may not be necessary because the medical records clearly show that a doctor or healthcare worker committed an error that caused your injury.

Depositions

Witness testimony from a credible source can prove that the medical provider failed to fulfill his or her obligation of care. Your malpractice lawyer can identify witnesses, like pharmacists or nurses who were present in the operating room, or who witnessed the negligence from an alternate location. They can be deposed and provide important information to prove your case.

There are various 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. Additionally, non-economic damages are accessible, such as suffering and pain, loss of enjoyment of life, disfigurement or emotional or mental distress.

Certain states limit the amount of money a patient may receive for a medical malpractice suit. Your attorney can explain the implications of this on your case.

While the consequences of a medical error can be devastating, a lot of people are able to seek compensation from the healthcare providers or clinics where they work. A New York medical malpractice lawyer has the knowledge, resources and experience to make a convincing claim for you and your family.

Trial

A variety of injuries could result from an error made in prescribing or dispensing medication. A mistake in the administration of blood thinners to patients who are at risk of suffering from strokes can cause death. New York attorneys at Duffy & Duffy can bring malpractice claims against pharmacists, doctors, and optometrists for wrongfully prescribing medications that cause severe injury.

Even if a medical professional confirms that a healthcare professional did not meet the standard of care, proving that the provider's actions caused the victim's injuries may be difficult. A seasoned malpractice lawyer will apply hospital or doctor's policies guidelines, protocols, and other documents to build a case that shows the defendant's negligence.

Many medical malpractice law firms cases settle before trial. An experienced lawyer will be able to present your case to court if the insurance company refuses to settle a fair settlement in the pre-trial negotiations, or if a jury verdict could result in a larger damage award. Depending on the quality of your case medical malpractice lawyers may be able to seek a case appeal, wherein an appeals court will review a lower court's decision. The process can be long and requires expert witnesses. However, it's essential to ensure your case receives an impartial hearing.