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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 be successful. Top New York malpractice attorneys know how to win these cases.

Malpractice occurs when a doctor departs from accepted medical practices and causes injury or even death. A malpractice lawsuit that is successful may pay compensation for the past and future medical expenses, lost wages and consortium as well as suffering and pain.

Medical Records

Medical records are a critical part of any medical malpractice case. Medical records contain an array of information which range from the initial diagnosis 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 help an attorney who is a victim of malpractice determine if the actions of a doctor fell below the standards 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. When a medical malpractice attorney requires records as part of the possibility of a lawsuit, they could face significant administrative delays. An experienced and dedicated New York City medical malpractice law firms attorney can help obtain these records quickly and efficiently.

A medical malpractice case must be filed within a specific time period, also known as the statute of limitations. In New York this means you have just two and a quarter years to file a claim from the date that the act, omission, or failure caused you harm.

In the beginning of a medical malpractice case the lawyer will require as much evidence as they can. This includes all your medical records, including the information above and hospital invoices, eyewitnesses' testimony and photographs of your injuries.

Expert Witnesses

Expert witnesses are usually required in medical malpractice cases. These are usually medical professionals who are able to provide an opinion on the medical aspect of the situation, and whether negligence took place or not. They are often called upon to examine the medical records in a case and they might also be required to testify in person at the trial.

An expert witness can be a nurse, surgeon's assistant, a doctor, a physician or any other healthcare worker who has significant educational and practical experience in the medical field. Expert witnesses can help explain the complicated medical aspects of a case so that jurors can better comprehend them.

A medical expert's testimony could be a powerful tool in evidence that the defendant did not fulfill their duty of caring and caused harm to you. They are legally bound to only give information they believe to be authentic. It is important that you choose experts who are trustworthy and have a track record of reliability.

An experienced lawyer who is skilled in malpractice cases will evaluate the case and determine whether an expert witness is needed. In some cases, an expert's testimony may not be required because the medical records clearly demonstrate that a healthcare worker made an error that resulted in your injury.

Deposits

A reliable witness can establish that a medical provider did not meet his or her obligation to care. Your malpractice lawyer may be able locate witnesses like nurses, pharmacists radiology technicians doctors who read test results, ambulance attendants or other health professionals who were in the operating room at the time of the negligent act or witnesses from a different location. They can be deposed, and provide valuable information to help you prove your claim.

Your New York malpractice lawyer may be able to collect a variety of kinds of damages on your behalf if you win your lawsuit. You could recover your actual financial losses such as medical bills and lost wages. Additionally, non-economic damages are available, including suffering and pain, loss of enjoyment of life, disfigurement, and mental or emotional distress.

Certain states limit the amount the patient could receive as a result of a medical malpractice lawsuit. Your attorney can explain the implications of this on your case.

While the aftermath of a medical error can be devastating, a lot of people do recover compensation from healthcare providers and the hospitals or clinics where they work. A New York medical negligence lawyer can provide you with the resources, skills and expertise needed to build an impressive case for you and your loved family members.

Trial

A variety of injuries may result from an error in prescribing or dispensing medication. A mistake in the administration of blood thinners to those at high risk of sustaining strokes could be fatal. New York attorneys at Duffy & Duffy can file malpractice lawsuits against pharmacists, doctors and optometrists who have wrongly prescribed medications that can cause serious injury.

Even if a medical professional certifies that a healthcare provider did not meet the standards of care, proving that the provider's actions are accountable for the victim's injuries is difficult. A skilled attorney for malpractice law firms will rely on hospital or doctor's policies, protocols, and guidelines to create an argument that proves the defendant's incompetence.

Many medical malpractice lawsuits settle before trial. An experienced attorney will be prepared to present your case to court if the insurance provider is unwilling to accept a reasonable settlement during pretrial negotiations, or a jury verdict would result in a higher damage award. A medical malpractice attorney could choose to appeal a lower court decision, based on the merits and importance of your case. The process can be long and requires expert witnesses. It can be a crucial step to ensure that your case is listened to in a fair way.