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

Medical malpractice cases can be among the most difficult and complex to win. Fortunately, the top New York malpractice lawyers know how to navigate these cases successfully.

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

Medical Records

Medical records are a critical element of any medical malpractice case. Medical records can contain an array of information that ranges from initial diagnoses and treatment plans. These records can include digital photos of patients, flowsheets for surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These records can help an attorney for malpractice determine if a doctor's actions fell below the norm of care and caused harm.

Many hospitals and healthcare providers have to provide copies of patients' medical records on request. However, when medical malpractice lawyers request documents in connection with an upcoming lawsuit against the health care provider for negligence, they may experience significant administrative delays. A skilled and dedicated New York City medical malpractice attorney can help obtain the records quickly and efficiently.

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

In the beginning of a claim for medical malpractice the lawyer will require as much evidence as possible. This includes all your medical records, including the information above, but also hospital invoices, eyewitnesses' declarations and photographs of your injuries.

Expert Witnesses

Expert witnesses are often needed in medical malpractice cases. They are usually medical professionals with the ability to give an opinion on the situation and whether or not negligence occurred. They are frequently asked to look over the medical files of a case. They also may be required to testify during trial.

A surgeon assistant, nurse doctor, surgeon assistant, or any other healthcare professional with significant training and experience could be an expert witness. They can help explain complex medical aspects of a case so that the jury can better comprehend the claims.

When a medical expert's testimony is presented in court, it could be a powerful evidence tool to prove the defendant breached their duty of care and caused you harm in the process. It is crucial to keep in mind that experts are required to swear an oath to only provide information they believe to be truthful. It is essential to only hire experts who are trustworthy and who are reliable.

An experienced lawyer who is skilled in malpractice cases can assess the case and determine whether an expert witness is needed. In some instances, an expert's testimony may not be necessary because the medical records clearly demonstrate that a doctor or healthcare worker made an error that led to your injury.

Depositions

A credible witness can establish that a medical professional didn't fulfill their obligation of care. Your malpractice lawyer can find witnesses, like nurses or pharmacists who were in the operating room, or malpractice lawyers who observed the negligent act from the other location. They are able to be deposed and can provide vital information to support your case.

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

Certain states limit the amount of money that a patient can receive in a medical malpractice lawsuit. Your lawyer can explain the effect of this on your case.

While the consequences of a medical error may be devastating, thousands of people are able to recover compensation from healthcare providers and the hospitals or clinics where they work. A New York medical malpractice lawyer will have the knowledge, resources and experience necessary to create a solid claim for you and your family.

Trial

Many injuries can result from an error made in prescribing or dispensing medication. For instance, a mistake in the administration of a blood thinner to patients who are already at risk of suffering strokes can result in fatal. New York attorneys at Duffy & Duffy can file malpractice lawsuits against pharmacists, doctors and optometrists for prescribing incorrectly medications that can cause serious injury.

Even if a medical expert testifies that a healthcare provider failed to meet the standard of care, proving that the care provider's actions contributed to the victim's injuries can be challenging. A competent malpractice lawyer can utilize the policies of a doctor or hospital guidelines, protocols, and other documents to build a case that shows the defendant's negligence.

Many medical malpractice lawsuits settle before trial. An experienced attorney is able to present your case in court if the insurance company refuses to settle a fair settlement in the pre-trial negotiations, or if a jury verdict would result in a greater damage award. Based on the strength of your case, medical malpractice lawyers may be able to seek an appeal in which an upper court reviews a lower court's decision. The process can be long and requires expert witnesses. It is an important step to ensure your case gets a fair hearing.