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

Medical malpractice cases are among the most complex and difficult to get. The best New York malpractice attorneys know how to handle these cases.

Malpractice occurs when doctors stray from the accepted medical practice which can result in injury or death. A malpractice lawsuit that is successful will be able to recover compensation for 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 negligence case. They typically contain a amount of information, from initial diagnoses to treatment plans. Most often, they include digital images of the patient, surgical reports, flowsheets from operations or intensive care units, EKG tracings, informed consent forms and other pertinent documents. These documents can aid a malpractice lawyer determine whether the actions of a physician fell below the standard of care and triggered harm.

Many healthcare facilities and malpractice attorneys hospitals are required by law to provide patients with copies of their own medical records upon request. If a medical malpractice attorney requires records as part of the possibility of a lawsuit, they could experience significant administrative delays. A New York City medical negligence attorney who is committed and experienced can work to get these records quickly.

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

During the early stages of a medical negligence claim, malpractice attorneys your lawyer will need as much evidence as they can. This includes all your medical records including the above-mentioned information, but also hospital invoices, eyewitnesses statements, and photos of your injuries.

Expert Witnesses

Medical malpractice cases often require the use of experts as witnesses. They are usually medical professionals with the ability to provide an opinion regarding the case and whether negligence occurred or not. They are often called upon to examine the medical records of the case, and they might also be required to appear in person during the trial.

An expert witness could be a nurse, surgeon's assistant, a doctor, physician or any other healthcare worker with a substantial amount of 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 understand their role.

A medical expert's testimony can be an effective tool for showing that the defendant has violated their duty of care and caused you harm. It is important to understand that medical experts must take an oath to provide only evidence they believe to be authentic. They can be held liable for any false statements that are proven to be false, and it is crucial to only select experts who are trustworthy and reliable.

An experienced malpractice lawyer can review a case and determine if an expert witness is required. In some instances an expert's report may not be needed because the medical records clearly demonstrate that a doctor or healthcare professional made an error that caused your injury.

Deposits

Having reliable witness testimony can prove that the medical professional failed to perform his obligation of care. Your malpractice law firms lawyer can find witnesses, like pharmacists or nurses who were in the operating room or who observed the negligent act from an alternate location. These witnesses can be deposed and can provide valuable information to support your claim.

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

Some states place caps on the amount the patient could receive in a lawsuit for medical malpractice. Your lawyer will explain the impact of this on your case.

While the aftermath of a medical mistake can be traumatic, thousands of people are able to recover compensation from healthcare providers and the hospitals or clinics in which they work. A New York medical negligence lawyer can provide you with the tools, resources and experience needed to build an effective case for you and your loved ones.

Trial

Due to an error in the prescribing or dispensing of medication patients can suffer numerous injuries. For example, a mistake in the administration of a blood thinner to patients who are already at risk of having a stroke can be deadly. Duffy & Duffy, New York lawyers are able to file malpractice suits against pharmacists and doctors who have prescribed drugs that cause serious injury.

Even after a medical expert declares that a healthcare professional was not up to the standard of care, proving that the actions of the provider caused the victim's injury can be difficult. A competent malpractice lawyer can make use of hospital or doctor policies guidelines, protocols and procedures to construct a case that establishes the defendant's negligence.

Many medical malpractice cases settle prior to trial. However, a skilled lawyer should be prepared to take your case to trial should the insurance company decide not to pay a fair settlement amount during pretrial negotiations or if a jury verdict more likely to result in a greater damages award. A medical malpractice attorney might decide to appeal a lower court decision, based on the strength and value of your case. This procedure can be lengthy and involves expert witnesses. However, it's essential to ensure your case is given an honest hearing.