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

Medical malpractice claims can be among the most difficult and complex to win. The best New York malpractice attorneys know how to navigate these cases.

Malpractice occurs when doctors stray from the accepted medical practice and cause injury or even death. A successful malpractice attorney suit can provide compensation for future and past medical expenses, lost wages lost consortium, and pain and suffering.

Medical Records

Medical records are a critical part of any medical negligence case. They typically contain a amount of information, ranging from initial diagnoses to treatment plans. They include digital photographs 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 whether a doctor's actions fell below the standards of practice and caused harm.

Many healthcare providers and hospitals must provide copies of medical records on request. However, if medical malpractice lawyers demand documents as part of a potential lawsuit against the health care provider for negligence, they may face significant administrative delays. A New York City medical negligence attorney who is committed and knowledgeable can get these records in a short time.

The statute of limitations is a time limit within which a medical negligence claim must be filed. In New York, this means that you only have two and one-half years from the date of the act or the omission or mistake that harmed you to file a lawsuit.

Your lawyer should gather as much evidence in the beginning stages of your medical malpractice case. This includes all your medical records, including the information above as well as hospital invoices, eyewitnesses statements and photographs of your injuries.

Expert Witnesses

Medical malpractice cases typically require the involvement of expert witnesses. These are generally medical professionals who are able to provide an opinion of a doctor regarding the incident, indicating whether negligence occurred or not. They are often required to review the medical evidence of a case and may be required to testify at trial.

A surgeon assistant, nurse, physician, doctor, or any other healthcare professional with a high level of education and practical experience can be an expert witness. They can provide a clear explanation of the medical aspects of a case so that the jury can better understand them.

If the testimony of a medical professional is presented in court, it could be a powerful tool to show that the defendant violated their duty of care and caused you harm as a result. They are legally bound to only provide information they believe to be authentic. It is crucial to only hire experts that you can trust and have a track record of reliability.

A skilled lawyer who is experienced in malpractice cases will evaluate the case and determine if an expert witness is required. In certain cases, an expert's testimony may not be required because the medical records clearly demonstrate that a healthcare professional made an error that resulted in your injury.

Depositions

The testimony of a reliable witness can help establish that the medical professional failed to fulfill his or her duty of care. Your malpractice lawyer might be able to locate witnesses such as 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. These witnesses can 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 win your case. This includes reimbursement for your actual financial losses, like medical expenses and lost wages, and non-economic damages that are more subjective, such as pain and suffering and loss of enjoyment life, disfigurement, emotional or mental distress.

Some states cap the amount a patient may receive for a medical malpractice lawsuit. Your attorney can explain how this affects your case.

While the consequences of a medical error could be devastating, many people can recover compensation from the healthcare providers or clinics where they work. A New York medical malpractice lawyer can provide the skills, resources and experience necessary to present a compelling claim for you and your family.

Trial

A variety of injuries can result from a mistake in prescribing or dispensing medication. For example, a mistake in the administration of a blood thinner to patients already at risk of a stroke can be deadly. New York attorneys at Duffy & Duffy can make malpractice lawsuits against pharmacists, doctors and optometrists who have wrongly prescribed drugs that cause severe injury.

Even if a medical expert states that a health care provider did not meet the standard of care, proving the provider's actions caused the victim's injuries may be difficult. A skilled attorney for malpractice can make use of the hospital's or doctors' policies, protocols, and guidelines to create a case that establishes the defendant's incompetence.

Many medical malpractice lawsuits settle prior to trial. However, a knowledgeable lawyer should be prepared to bring your case to trial in the event that the insurance company refuses to settle a fair settlement amount in pretrial negotiations, or if a jury verdict more likely to result in a bigger damage award. Based on the strength of your case an attorney for medical malpractice may be able to seek an appeal of the case, in which a higher court reviews a lower court's decision. This process can be time-consuming and requires expert witnesses. It is an important step to ensure your case is given an honest hearing.