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

Medical malpractice claims are among the most complicated and difficult to be successful. Fortunately, top New York malpractice lawyers know how to handle these cases successfully.

Malpractice occurs when doctors depart from accepted medical practices which can result in injury or death. A successful malpractice lawsuit can be a source of compensation for past and future: medical expenses, lost wages lost consortium, and the pain and suffering.

Medical Records

Medical records are an essential element of any malpractice lawsuit. Medical records may contain many details which range from the initial diagnosis and treatment plans. These records can include digital photos of patients flowsheets of surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These records can be used by a lawyer to determine whether a doctor's actions were not in line with the standards of practice, and caused harm.

Many healthcare providers and hospitals must provide copies of patients' medical records on request. However, if medical malpractice lawyers demand documents as part of an upcoming lawsuit against medical professionals for malpractice lawyers negligence, they may face significant administrative delays. A New York City medical negligence attorney who is committed and knowledgeable can get these records quickly.

The statute of limitations is a limitation of time within which a medical malpractice law firms claim must be filed. In New York, this means that you have only two and two-and-a-half years from the date of the act or omission which caused you to pursue a lawsuit.

Your lawyer must gather as much evidence in the beginning stages of your medical malpractice case. This includes all your medical records including the above-mentioned information, but also hospital invoices, eyewitnesses' statements and photographs of your injuries.

Expert Witnesses

Medical malpractice cases usually require the use of experts as witnesses. They are usually medical professionals who have the ability to offer an opinion on the situation and whether negligence took place. They are often called upon to review the medical records of the case, and may be required to appear in person during the trial.

An expert witness can be a surgeon's assistant, Malpractice lawyers doctor, physician, or any other healthcare professional with a substantial amount of educational and practical experience in the medical field. They can assist jurors be able to comprehend the medical aspects involved in the case.

When the testimony of a medical specialist 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. They are required by law to swear to only give evidence they believe to be accurate. It is essential that you only work with experts who can be trusted and who are reliable.

A skilled lawyer who is experienced in malpractice cases can review the situation and determine if an expert witness is required. In certain cases an expert's testimony might not be needed because medical records show that a doctor or healthcare professional made a mistake which led to your injury.

Depositions

Having reliable witness testimony will prove that the medical professional failed to fulfill his or her obligation of care. Your malpractice lawyer will be able to locate witnesses, such as pharmacists or nurses who were present in the operating room or who witnessed the negligence from a different location. These witnesses can be deposed and can provide valuable information to back your claim.

There are a variety of damages that your New York malpractice attorney may be able to recover on your behalf in a successful lawsuit. You may be able to recover your actual financial losses, such as medical bills and lost wages. Other damages are also available, including the loss of enjoyment of life, disfigurement or emotional or mental distress.

Certain states limit the amount a patient may receive for a medical malpractice lawsuit. Your lawyer can explain how this impacts your case.

Although the effects of a medical error may be devastating, many people can recover compensation from the clinics or healthcare providers where they work. A New York medical malpractice lawyer can offer the expertise, resources and experience 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 when administering blood thinners to patients at high risk of sustaining strokes could cause death. New York attorneys at Duffy & Duffy can file malpractice lawsuits against doctors, pharmacists and optometrists for prescribing incorrectly medications that cause severe injury.

Even if a medical expert states that a health care provider was not in compliance with the standard of care, proving the healthcare provider's actions were responsible for the victim's injuries can be difficult. A competent malpractice lawyer can use hospital or physician's policies, protocols and guidelines to create a case that proves the defendant's incompetence.

Many medical malpractice cases settle prior to trial. A knowledgeable attorney will be prepared to take your case to court if the insurance company is unwilling to accept a reasonable settlement during negotiations before trial, or if jury verdict would result in a larger damages award. A medical malpractice attorney may decide to appeal a lower court decision, depending on the strength and merits of your case. This process can be lengthy and involves expert witnesses. However, it can be an important step to ensure your case is given an impartial hearing.