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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 complicated to get. Top New York malpractice attorneys know how to successfully navigate these cases.

Malpractice occurs when doctors stray from the accepted medical practice and cause injury or even death. A successful malpractice lawsuit can provide compensation for future and past medical expenses, lost wages, loss of consortium, and pain and suffering.

Medical Records

Medical records are an important component of any malpractice case. They usually contain a large amount of information, ranging 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 documents can help a malpractice lawyer determine whether the actions of a physician fell below the standard of care and triggered harm.

A lot of hospitals and healthcare providers are required to supply copies of patients' medical records upon request. When a medical malpractice attorney requests records as part of a potential lawsuit, they may experience significant administrative delays. A New York City medical negligence attorney who is committed and experienced can work to obtain these records swiftly.

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

During the early stages of a medical malpractice claim the lawyer will require as much evidence as possible. This includes any and all of your medical documents, including the above information as well as hospital bills, eyewitness testimony and photographs of your injuries.

Expert Witnesses

Expert witnesses are usually required in medical malpractice cases. They are typically medical professionals who have the ability to provide an opinion on the situation and whether negligence took place. They are often asked to review the medical records of a case and could be required to testify in the trial.

A surgeon assistant, nurse physician, doctor or any other healthcare professional with a high level of training and practical experience can be an expert witness. They can help the jury comprehend the complicated medical aspects of a case.

A medical expert's testimony could be a powerful tool for evidence that the defendant did not fulfill their duty to care and caused you harm. It is important to understand that these experts must take an oath to only provide the information they believe to be true. It is crucial to only hire experts who can be trusted and are reliable.

A skilled malpractice lawyer can review a case and determine whether an expert witness is required. In some instances, the expert's report is not necessary since the medical documents are clear and prove that the healthcare professional made a mistake that lead to your injury or additional disease.

Deposits

Witness testimony from a credible source can help establish that the medical provider failed to perform his duty of care. Your malpractice lawyer might be able to identify witnesses such as nurses, pharmacists, radiology technicians doctors who have read test results ambulance attendants or other health professionals who were in the operating room at the time of the negligence or witnesses from a different location. They are able to be deposed and provide crucial information to back your case.

There are many types of damages that your New York malpractice attorney may obtain on your behalf if you file a successful lawsuit. You can seek to recover your real 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.

Certain states have caps on the amount of money that the patient could receive in a medical malpractice lawsuit. Your attorney can explain the impact of this on your case.

While the experience of a medical error can be devastating, thousands of people are able to recover compensation from healthcare providers and the clinics or hospitals where they work. A New York medical negligence lawyer can provide you with the tools, resources and knowledge required to create a strong case for you and your loved family members.

Trial

In the event of an error in the prescription or dispensing of medication patients may suffer various injuries. A mistake in administering blood thinners to patients at risk of suffering from strokes can cause death. New York attorneys at Duffy & Duffy can file malpractice claims against pharmacists, doctors, and optometrists for wrongfully prescribing drugs that lead to severe injuries.

Even if a medical expert affirms that a healthcare provider did not meet the standards of care, proving the actions of the provider caused the victim's injury isn't easy. A skilled malpractice attorney can use hospital or doctor's policies, protocols and guidelines to build a case that proves the defendant's negligence.

Many medical malpractice cases settle prior to trial. A knowledgeable attorney is prepared to present your case to court if the insurance provider refuses a reasonable settlement during negotiations prior to trial, or if a jury verdict could result in a higher damages award. A medical malpractice attorney could decide to appeal a lower court decision, based on the strength and merits of your case. This process can be time-consuming and involves expert witnesses. It is an essential aspect in ensuring that your case is heard in a fair manner.