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

Malpractice is when doctors deviate from accepted medical practices that cause injury or death. A malpractice lawsuit that is successful could be able to recover compensation for the past and future medical expenses, lost wages and consortium in addition to pain and suffering.

Medical Records

Medical records are an essential part of any malpractice case. Medical records can include lots of information which range from the initial diagnosis and treatment plans. Most often, they include digital images of the patient flowsheets, surgical reports, from intensive care or operations units, EKG tracings, informed consent forms and other pertinent documents. These records can be utilized by lawyers to determine whether a doctor's actions fell below the standards of practice and caused harm.

Many hospitals and healthcare providers are required by law to provide patients with copies of their medical records upon request. When a medical malpractice law firms attorney is seeking records in connection with an upcoming lawsuit, they could experience significant administrative delays. An experienced and dedicated New York City medical malpractice attorney can work to obtain the records quickly and efficiently.

A medical malpractice case must be filed within the specified time frame, known as the statute of limitations. In New York, this means that you have only two and two and a half years from date of the act or the omission or mistake that harmed you to pursue a lawsuit.

In the beginning stages of a medical malpractice case the lawyer will require the most evidence possible. This includes all your medical records including the above information along with hospital invoices, eyewitnesses' statements and photographs of your injuries.

Expert Witnesses

Expert witnesses are usually required in medical malpractice cases. These are generally medical professionals who are able to provide an opinion of a doctor regarding the incident, indicating whether negligence took place or not. They are often asked to look over the medical evidence of a case and might be required to testify in trial.

An expert witness can be a nurse, surgeon's assistant, a doctor, physician or any other healthcare professional who has a significant amount of education and practical experience in the medical field. They can assist jurors to understand the complex medical aspects of a claim.

A medical expert's report can be a powerful tool in showing that the defendant has violated their duty to care and caused harm to you. These experts are legally bound to only provide evidence they believe to be accurate. It is important that you select experts that you can trust and who are reliable.

A seasoned lawyer who specializes in malpractice cases can assess the case and determine if an expert witness is required. In certain cases, an expert's testimony may not be necessary because medical records demonstrate that a healthcare worker committed an error that resulted in your injury.

Deposits

A reliable witness can determine that a medical professional did not meet his or her duty of care. Your malpractice lawyer will be able to locate witnesses, such as pharmacists or nurses who were in the operating room, or who observed the negligent act from another location. These witnesses can be deposed and provide valuable evidence to back your claim.

There are several types of damages that your New York malpractice attorney may get on your behalf in an effective lawsuit. This includes reimbursement for your actual financial losses, such as medical expenses and lost wages, as well as non-economic damages that are more subjective, such as suffering and suffering, loss of enjoyment of life and disfigurement, as well as mental or emotional anguish.

Some states place caps on the amount of money that patients can receive in a medical malpractice lawsuit. Your attorney can explain the impact of this on your case.

While the consequences of a medical error may be catastrophic, many are able to obtain compensation from the healthcare providers or clinics in which they work. A New York medical negligence lawyer can provide you with the resources, knowledge and expertise needed to build a solid case for yourself and your loved family members.

Trial

In the event of an error in the prescription or dispensing of medication, patients may suffer many kinds of injuries. An error in administering blood thinners for patients at high risk of sustaining strokes could cause fatal injury. New York attorneys at Duffy & Duffy can file malpractice claims against doctors, pharmacists and optometrists for prescribing incorrectly drugs that lead to severe injury.

Even if a medical expert declares that a healthcare professional did not meet the standards of care, proving the healthcare provider's actions led to the victim's damage can be challenging. A skilled malpractice attorney can rely on the hospital or doctor's policies, protocols and guidelines to help build an argument that proves defendant's incompetence.

Many medical malpractice cases settle prior to trial. However, a seasoned lawyer should be prepared to take your case to trial when the insurance company is refusing to settle for a fair amount in pretrial negotiations, or if a jury verdict more likely to result in a higher damage award. A medical malpractice attorney could decide to appeal a lower court's decision, based on the strength and value of your case. This process can be lengthy and requires expert testimony. It is an important step to ensure your case gets an honest hearing.