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

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

Malpractice occurs when doctors depart from the accepted medical practice, causing injury or death. A malpractice lawsuit that is successful may pay 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 usually contain a large amount of information, ranging from initial diagnosis to treatment plans. They include digital photographs of patients, surgical reports, flowsheets for intensive care units or operations, EKG tracings and other relevant documents. These documents can be used by lawyers to determine if a doctor's actions were not in line with the standards of practice and harmed.

Many healthcare facilities and hospitals are required to provide copies of medical records on request. However, when medical malpractice lawyers request documents as part of an upcoming lawsuit against a health care provider for negligence, they could encounter significant administrative delays. A skilled and dedicated New York City medical malpractice attorney can work to obtain these records quickly and efficiently.

The statute of limitations is a time period within which a medical negligence claim must be filed. In New York, this means that you have only two and two and a half years from date of the law or omission that led to your injury to pursue a lawsuit.

In the beginning stages of a medical negligence claim, your lawyer will need as much evidence as is possible. This includes all of your medical records, including the above-mentioned information along with hospital invoices, eyewitnesses' testimony, and photos of your injuries.

Expert Witnesses

Medical malpractice cases typically require the involvement of expert witnesses. They are usually medical professionals who have the ability to offer an opinion regarding the case and whether or not negligence occurred. They are often required to look over the medical records of a case and may be required to testify in trial.

A nurse, surgeon assistant, physician, doctor, or other healthcare worker with a high level of knowledge and experience can be an expert witness. They can assist jurors be able to comprehend the medical aspects involved in the case.

When the testimony of a medical expert is presented in court, it could be a powerful evidence tool to prove the defendant breached their duty of care and caused harm in the process. Experts are required by law to swear to only give information they believe to be true. It is important that you select experts who can be trusted and who are reliable.

An experienced malpractice lawyer can evaluate a case and determine if an expert witness is needed. In some cases, an expert's testimony is not necessary because the medical documents are clear and demonstrate that the physician or healthcare worker committed a mistake that led to your injury or additional health issues.

Depositions

Witness testimony from a credible source can help establish that the medical professional failed to meet his or her obligation of care. Your malpractice lawyer may be able to identify witnesses such as pharmacists, nurses, radiology technicians, doctors who read test results ambulance attendants and other health care professionals who were in the operating room at the time of the negligence or witnesses from a different location. Witnesses can be questioned and provide important information 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 lawsuit. This includes reimbursement for your actual financial losses, like medical expenses and lost wages, and non-economic damages that are more subjective, like pain and suffering and loss of enjoyment life, disfigurement, emotional or mental distress.

Certain states have caps on the total amount the patient could receive in a medical malpractice lawsuit. Your lawyer can explain the impact of this on your case.

Although the repercussions of a medical error may be devastating, many people are able to recover compensation from the healthcare providers or clinics where they work. A New York medical negligence lawyer can provide you with the tools, resources and experience needed to build a solid case for yourself and your loved family members.

Trial

A variety of injuries can result from a mistake in prescribing or dispensing medication. A mistake when administering blood thinners for patients at risk of stroke can cause death. New York attorneys at Duffy & Duffy can make malpractice lawsuits against pharmacists, doctors, and optometrists for knowingly prescribing drugs that lead to severe injury.

Even if a medical expert declares that a healthcare provider did not meet the standards of health care, proving the provider's actions were responsible for the victim's injuries may be difficult. A skilled malpractice attorney can rely on the hospital or doctor's policies, protocols, and guidelines to build an argument that proves the defendant's incompetence.

Many medical malpractice cases settle prior to trial. A seasoned attorney is able to take your case to court if the insurance company refuses a reasonable settlement during negotiations before trial, or if jury verdict could result in a higher damages award. An attorney who is a medical professional may decide to appeal a lower court's decision, depending on the merits and importance of your case. This process is time-consuming and requires the participation of experts. It is an essential step in ensuring your case is listened to in a fair way.