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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. Top New York malpractice attorneys know how to successfully navigate these cases.

Malpractice happens when a doctor breaks from accepted medical practice and causes injury or death. A successful malpractice suit can provide compensation for future and past medical expenses, lost earnings as well as loss of consortium and suffering and pain.

Medical Records

Medical records are an important element of any malpractice lawsuit. Medical records contain lots of information which range from the initial diagnosis and treatment plans. They include digital photographs of patients surgical reports, flowsheets for intensive care units or operations, EKG tracings and other relevant documents. These records can be used by lawyers to determine if the doctor's actions were not within the norms of practice and resulted in harm.

Many hospitals and healthcare providers are required by law to provide patients with copies of their medical records upon request. However, when medical malpractice lawyers demand documents in connection with a possible lawsuit against the health care provider for negligence, they may be faced with significant administrative issues. A New York City medical negligence lawyer who is committed and experienced can work to get these records as quickly as possible.

The statute of limitations is a time period within which a medical malpractice claim has to be filed. In New York this means you have only two and a quarter years to file a lawsuit from the date that the act, omission, or failure caused harm to you.

Your lawyer will need to gather as much evidence in the initial stages of your medical malpractice claim as you can in the beginning. This includes all your medical records, including the above information along with hospital invoices, eyewitnesses' testimony as well as photos of your injuries.

Expert Witnesses

Medical malpractice cases typically require the involvement of experts as witnesses. They are typically medical professionals who are able to provide an opinion on the medical aspect of the situation, and whether negligence took place or not. They are usually called upon to examine a case's medical records, and they may also be required to testify in person at the trial.

A nurse, surgeon assistant, physician, doctor, or other healthcare worker with extensive training and experience could be an expert witness. Expert witnesses can help explain the complicated medical aspects of a claim so that jurors can better understand their role.

A medical expert's report can be a powerful tool for showing that the defendant has violated their duty of caring and caused harm to you. They are legally bound to only present information they believe is authentic. They are liable for false claims that are found to be false, therefore it is essential to only employ experts who are trustworthy and reliable.

An experienced lawyer who specializes in malpractice cases can evaluate the situation and determine if an expert witness is required. In certain cases an expert's testimony might not be needed because the medical records clearly show that a physician or healthcare worker committed a mistake which led to your injury.

Depositions

A reliable witness can determine that a medical professional did not meet his or her obligation to care. Your malpractice lawyer will be able to locate witnesses, such as nurses or pharmacists who were in the operating room or who witnessed the negligence from the other location. These witnesses can be deposed and can provide vital details to support your case.

There are several types of damages that your New York malpractice law firms attorney may get on your behalf in an effective lawsuit. These include reimbursement for your actual financial losses, such as medical expenses and lost wages, as well as non-economic damages that are more subjective, such as pain and suffering or loss of enjoyment in life, disfigurement, emotional or mental suffering.

Certain states have caps on the total amount of money that patients can be awarded in a medical malpractice suit. Your attorney will explain how this affects your case.

While the aftermath of a medical mistake can be traumatic, thousands of people do receive compensation from healthcare providers and the hospitals or clinics in which they work. A New York medical malpractice lawyer will have the knowledge, resources and experience to create a solid claim for you and your family.

Trial

As a result of an error in the prescription or dispensing of medication patients may suffer a variety of injuries. For instance, a mistake when administering a blood thinner to patients already at risk for strokes can result in fatal. New York attorneys at Duffy & Duffy can file malpractice lawsuits against doctors, pharmacists and optometrists for wrongfully prescribing drugs that lead to severe injuries.

Even if a medical expert states that a healthcare practitioner failed to meet the standard of care, proving the care provider's actions contributed to the victim's damage can be a challenge. A skilled malpractice lawyer can use hospital or doctor policies, protocols and guides to build a case that proves the defendant's negligent.

Many medical malpractice cases settle prior to trial. However, a seasoned lawyer should be prepared to take your case to trial when the insurance company is refusing to pay a reasonable settlement amount in pretrial negotiations, or if a jury's verdict is more likely to result in a bigger damage award. Based on the strength of your case, a medical malpractice lawyer could decide to pursue an appeal of the case, in which the higher court reviews a lower court's decision. This is a lengthy process and requires the participation of expert witnesses. But, it is an important step to make sure your case is given an impartial hearing.