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

Medical malpractice claims are among the most complex and difficult to win. Top New York malpractice attorneys know how to handle these cases.

Malpractice is when doctors deviate from the accepted medical practice, causing injury or death. A successful malpractice suit can be a source of compensation for past and future: medical expenses, lost earnings as well as loss of consortium and suffering and pain.

Medical Records

Medical records are an essential element of any medical malpractice case. They often contain a amount of information, ranging from initial diagnoses to treatment plans. These records contain digital images of patients, flowsheets of surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These documents can be used by a lawyer to determine if a doctor's actions fell below the standards of practice, and caused harm.

Many healthcare facilities and hospitals are legally required to provide patients with copies of their own medical records upon request. If a medical professional seeks records as part of an upcoming lawsuit, they might face significant administrative delays. A New York City medical negligence attorney who is dedicated and experienced can work to get these records quickly.

The statute of limitations is a period 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 the date of the law, omission or failure which caused you to file a lawsuit.

Your lawyer will need to collect as much evidence as possible during the beginning stages of your medical malpractice case as possible. This would include all medical documents, including the mentioned information, but also hospital bills, eyewitness statements and photos of your injuries.

Expert Witnesses

Medical malpractice cases often require the use of expert witnesses. They are usually medical professionals who have the ability to give an opinion about the case and whether or not negligence occurred. They are frequently called upon to review the medical records of a case, and may be required to testify in person at the trial.

An expert witness can be a surgeon's assistant, a doctor, a physician or any other healthcare professional who has extensive educational and practical experience in the medical field. Expert witnesses can help explain the complicated medical aspects of a case to help the jury better understand the claims.

If the testimony of a medical professional 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 important to understand that these experts are required to take an oath to only provide information they believe to be authentic. They are liable for false claims which are later found to be false, therefore it is important to only employ experts who are reliable and trustworthy.

An experienced lawyer who specializes in malpractice cases can assess the case and determine if an expert witness is needed. In certain cases an expert's opinion may not be required because medical records demonstrate that a healthcare worker made an error that resulted in your injury.

Depositions

A credible witness can determine that a medical professional didn't fulfill their obligation of care. Your malpractice lawyer may be able find witnesses like pharmacists, nurses 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 are able to be deposed and provide crucial evidence to support your claim.

Your New York malpractice lawyer may be able to recover several kinds of damages on your behalf if you prevail in your case. You can seek to recover your real financial losses, including medical bills and lost wages. Additionally, non-economic damages are accessible, such as the loss of enjoyment of life, disfigurement, and mental or emotional distress.

Some states place caps on the amount patients can receive in a medical malpractice suit. Your lawyer can explain the implications of this on your case.

Although the impact of a medical error can be devastating, many people are able to seek compensation from the healthcare providers or clinics where they work. A New York medical malpractice lawyer will have the knowledge as well as the resources and expertise to present a compelling claim for you and your family.

Trial

Many injuries can result from a mistake in prescribing or dispensing medication. A mistake in the administration of blood thinners to patients at risk of suffering from strokes can cause death. Duffy & Duffy, New York lawyers are able to file malpractice suits against doctors and pharmacists who prescribe drugs that cause severe injury.

Even after a medical professional states that a healthcare practitioner didn't meet the standard of care, proving that the healthcare provider's actions led to the victim's injury can be challenging. A competent malpractice lawyer can apply hospital or doctor's policies guidelines, protocols and procedures to create a case that proves the defendant's negligent.

Many medical malpractice lawsuits settle prior to trial. A seasoned attorney will be 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 greater damage award. An attorney for medical malpractice could decide to appeal a lower court's decision, depending on the strength and worth of your case. This process can be time-consuming and may require expert witnesses. However, it can be crucial to ensure that your case gets an impartial hearing.