How a malpractice law firm Lawyer Can Help You File a Medical Malpractice Claim

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

Medical malpractice occurs when doctors deviate from accepted medical practices and cause injury or even death. A successful malpractice case can provide compensation for past and future: medical expenses, lost earnings lost consortium, and pain and suffering.

Medical Records

Medical records are a critical component of any medical malpractice case. Medical records contain an array of information including initial diagnoses and treatment plans. They include digital photographs of patients flowsheets for surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These documents can help an attorney who is a victim of malpractice determine if a doctor's actions fell below the standard 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. However, when an attorney for medical malpractice requests documents in connection with an upcoming lawsuit against a health care provider for negligence, they could face significant administrative delays. A New York City medical negligence attorney who is committed and experienced can work to get these records in a short time.

A medical malpractice case must be filed within a certain time frame, which is 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 law or error that caused you harm to make a claim.

In the beginning of a medical malpractice claim Your lawyer will require as much evidence as possible. This includes all your medical records including the above-mentioned information, but also hospital invoices, eyewitnesses' testimony and photographs of your injuries.

Expert Witnesses

Expert witnesses are typically required in medical malpractice cases. They are typically medical professionals with the ability to provide an opinion about the case and whether or not negligence occurred. They are usually called upon to review the medical records of a case, and they may also be required to appear in person during the trial.

An expert witness could be a nurse, surgeon's assistant, 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 the jury can better understand their role.

When the testimony of a medical expert is presented in court, it could be an effective tool to establish that the defendant has violated their duty of care and caused harm as a result. It is important to understand that medical experts must take an oath to only provide the information they believe to be true. They are liable for false claims that are later proven to be untrue, which is why it is essential to select experts who are trustworthy and reliable.

A skilled malpractice lawyer can review a case and determine whether an expert witness is required. In some cases an expert's report may not be needed because the medical records clearly show that a doctor or healthcare professional made a mistake which led to your injury.

Depositions

A reliable witness can prove that a medical professional did not fulfill his or duty of care. Your malpractice lawyer might be able find witnesses like nurses, pharmacists, radiology technicians doctors who have read test results, ambulance attendants or other health care 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 can provide vital information to support your case.

Your New York malpractice lawyer may be able to recover a variety of types of damages on your behalf if you prevail in your case. These include compensation for actual financial losses, like 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, disfigurement, emotional or mental anguish.

Some states cap the amount the patient could receive as a result of a medical malpractice lawsuit. Your lawyer can explain the implications of this on your case.

Although the impact of a medical error may be devastating, a lot of people do recover compensation from healthcare providers and the clinics or hospitals where they work. A New York medical negligence lawyer can provide you with the resources, skills and experience needed to build a strong case for you and your loved ones.

Trial

A variety of injuries may result from a mistake in prescribing or dispensing medication. For instance, a lapse when administering a blood thinner to patients already at risk for a stroke can be deadly. New York attorneys at Duffy & Duffy can make malpractice lawsuits against doctors, pharmacists and optometrists for wrongfully prescribing medications that cause severe injuries.

Even if a medical professional confirms that a healthcare professional didn't meet the requirements of health care, proving the healthcare provider's actions caused the victim's injuries is difficult. A skilled malpractice attorney can rely on the hospital or physician's policies, protocols and guidelines to construct an argument that proves defendant's negligence.

Many medical malpractice lawsuits settle before trial. A knowledgeable attorney will be prepared to present your case in court if an insurance company refuses to settle a fair settlement in negotiations before trial, or if jury verdict could result in a bigger damage award. Depending on the strength of your case, a medical malpractice lawyer could decide to file a case appeal, wherein a higher court reviews a lower court's decision. This process can be lengthy and may require expert witnesses. It can be a crucial step in ensuring your case is heard in a fair manner.