A Provocative Rant About Malpractice Lawsuit

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

Medical malpractice cases can be among the most difficult and complex to get. Fortunately, the best New York malpractice lawyers know how to navigate these cases successfully.

Medical malpractice occurs when doctors deviate from accepted medical practices and cause injury or even death. A malpractice lawsuit that is successful can be able to recover compensation for past and future medical expenses, lost wages and consortium and pain and suffering.

Medical Records

Medical records are an essential component of any medical malpractice case. They often contain a great quantity of information, ranging from initial diagnosis to treatment plans. Most often, they include digital images of the patient, surgical reports, flowsheets from intensive care or operations units, EKG tracings, informed consent forms and other relevant documents. These records can help an attorney who is a victim of malpractice determine if the actions of a doctor were not up to the standards of care and caused harm.

Many healthcare facilities and hospitals must provide copies of patients' medical records upon request. However, if medical malpractice lawyers request records as part of a possible lawsuit against medical professionals for negligence, they could experience significant administrative delays. A New York City medical negligence attorney who is dedicated and experienced can work to get these records quickly.

A medical malpractice case must be filed within a specific time period, also known as the statute of limitations. In New York, this means that you have only two and a half years from the date of the act or omission that led to your injury to pursue a lawsuit.

During the early stages of a claim for medical malpractice, your lawyer will need as much evidence as possible. This includes all of your medical records, including the above-mentioned information along with hospital invoices, eyewitnesses statements as well as photos of your injuries.

Expert Witnesses

Expert witnesses are typically required in medical malpractice cases. These are usually medical professionals who can offer a medical opinion about the case, including whether negligence occurred or not. They are usually asked to review medical evidence of a case and might be required to give testimony during trial.

A nurse, surgeon assistant, physician, doctor, or other healthcare worker with significant knowledge and experience can be an expert witness. Expert witnesses can help explain the complicated medical aspects of a case to allow the jury to better comprehend their role.

An expert's opinion from a medical professional can be an effective tool for showing that the defendant has violated their duty of caring and caused harm to you. They are required by law to swear to only give information they believe to be true. It is essential to choose experts who are trustworthy and who are reliable.

A seasoned lawyer who specializes in malpractice cases can evaluate the case and determine whether an expert witness is needed. In some cases, an expert's testimony may not be needed because medical records demonstrate that a doctor or healthcare worker made an error that caused your injury.

Depositions

Witness testimony from a credible source can help establish that the medical professional did not to meet his or her obligation of care. Your malpractice lawyer can identify witnesses, such as nurses or pharmacists who were present in the operating room or who observed the negligent act from a different location. These witnesses can be deposed and provide valuable evidence to support your claim.

Your New York malpractice lawyer may be able to recover several kinds of damages on your behalf if you prevail in your case. You may be able to recover your actual financial losses, such as medical bills and lost wages. Additionally, non-economic damages are available, such as pain and suffering, loss enjoyment of life, disfigurement or emotional or mental distress.

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

While the experience of a medical mistake can be devastating, thousands of people are able to recover compensation from healthcare providers and the hospitals or clinics where they work. A New York medical negligence lawyer can provide you with the tools, resources and experience required to construct an impressive case for you and your loved family members.

Trial

As a result of an error in the prescription or dispensing of medication patients can be afflicted with various injuries. A mistake in the administration of blood thinners to patients who are at risk of stroke could cause fatal injury. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against doctors and pharmacists who have prescribed drugs that cause severe injuries.

Even if a medical professional states that a health care provider did not meet the standard of health care, proving that the doctor's actions are responsible for the victim's injuries is difficult. A skilled attorney for malpractice will rely on hospital or doctors' policies, protocols, and guidelines to help build a case that establishes the defendant's incompetence.

Many medical malpractice lawsuits settle before trial. Nevertheless, an experienced lawyer should be prepared to bring your case to trial when the insurance company is refusing to pay a fair settlement amount during pretrial negotiations or if a jury verdict is more likely to result in a greater damage award. Depending on the strength of your case, an attorney for medical malpractice may decide to pursue a case appeal, wherein an appeals court will review a lower court's decision. This procedure is lengthy and requires the participation of experts. However, it can be essential to ensure your case is given an honest hearing.