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

Medical malpractice claims can be among the most complicated and difficult to be successful. Top New York malpractice attorneys know how to navigate these cases.

Malpractice happens when a doctor breaks from accepted medical practice and causes injury or even death. A successful malpractice lawyers suit can provide compensation for the past and future medical expenses, lost wages lost consortium, and suffering and pain.

Medical Records

Medical records are an essential component of any malpractice case. Medical records can include lots of information, ranging from initial diagnoses and treatment plans. These records include digital images of patients, flowsheets for surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These documents can help a malpractice lawyer determine whether the actions of a physician fell below the standard of care and triggered harm.

Many healthcare facilities and hospitals are required by law to provide patients with copies of their medical records upon request. However, if a medical malpractice lawyer requests records as part of a potential lawsuit against a health care provider for negligence, they could experience significant administrative delays. A skilled and dedicated New York City medical malpractice attorney can help obtain these records quickly and efficiently.

The statute of limitations is a limitation of time within which a medical malpractice claim must be filed. In New York this means you have two and a quarter years to file a lawsuit from the date of the incident or omission caused harm to you.

In the beginning of a medical malpractice case the lawyer will require as much evidence as is possible. This includes all of your medical records including the information above and hospital invoices, eyewitnesses' statements, and photos of your injuries.

Expert Witnesses

Expert witnesses are typically required in medical malpractice cases. They are typically medical professionals who can offer an opinion of a doctor regarding the case, Malpractice Attorneys including whether negligence occurred or not. They are usually asked to look over the medical records of a case and might be required to testify during trial.

An expert witness could be a surgeon's assistant, a doctor, physician, or any other healthcare worker who has significant educational and practical experience in the medical field. They can assist jurors to understand the complex medical aspects of a case.

An expert's opinion from a medical professional can be a powerful tool for evidence that the defendant did not fulfill their duty of caring and caused harm to you. It is important to understand that these experts are required to swear an oath that they will only give information that they believe is true. They are accountable for false claims that are proven to be false, and it is essential to only select experts who are trustworthy and reliable.

An experienced lawyer who specializes in malpractice cases can evaluate the 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 demonstrate that a physician or healthcare worker made an error that resulted in your injury.

Deposits

Witness testimony from a credible source can establish that the medical provider failed to meet his or her obligation of care. Your malpractice lawyer can identify witnesses, like nurses or pharmacists who were in the operating room, or who observed the negligent act from a different location. Witnesses can be questioned and can provide important information to back your case.

There are a variety of damages that your New York malpractice attorney may recover on your behalf in the event of a successful lawsuit. This includes 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 anguish.

Some states cap the amount the patient could receive as a result of a medical malpractice suit. Your lawyer will explain the impact of this on your case.

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

Trial

In the event of an error in the prescribing or dispensing of medication, patients may suffer a variety of injuries. For instance, a misstep when administering a blood thinner to patients already at risk for a stroke can be deadly. Duffy & Duffy, New York lawyers are able to file malpractice suits against doctors and pharmacists who prescribe drugs that cause severe injuries.

Even after a medical professional affirms that a healthcare provider was not up to the standard of care, proving the provider's actions caused the victim's injury can be difficult. A skilled malpractice lawyer can make use of hospital or doctor policies as well as protocols and guidelines to present a case which shows the defendant's negligence.

Many medical malpractice cases settle prior to trial. However, a knowledgeable lawyer should be prepared to take your case to trial should the insurance company decide not to pay a reasonable settlement amount in pretrial negotiations, or if a jury verdict more likely to result in a greater damage award. Based on the strength of your case an attorney for medical malpractice may also decide to pursue an appeal of the case, in which a higher court reviews the decision of a lower court. This is a lengthy process and requires the participation of expert witnesses. But, it is an important step to ensure your case is given an honest hearing.