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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 be successful. Top New York malpractice attorneys know how to handle these cases.

Malpractice occurs when doctors depart from the accepted medical practice that cause injury or death. A successful malpractice lawsuit could offer compensation for past and future: medical expenses, lost wages and consortium loss, and pain and suffering.

Medical Records

Medical records are an important element in any malpractice case. Medical records can contain many details which range from the initial diagnosis and treatment plans. Typically, these include digital images of the patient flowsheets, surgical reports, from intensive care or operations units, EKG tracings, informed consent forms and other pertinent documents. These documents can aid an attorney for malpractice to determine whether a doctor's actions fell below the standards of care and caused harm.

Many hospitals and healthcare providers are required to supply copies of patients' medical records upon request. When a medical malpractice attorney requires records as part of the possibility of a lawsuit, they could experience significant administrative delays. A New York City medical negligence attorney who is committed and knowledgeable can get these records as quickly as possible.

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

Your lawyer must collect as much evidence as possible during the initial stages of your medical malpractice case. This includes all your medical records, including the above-mentioned information and hospital invoices, eyewitnesses' testimony and photographs of your injuries.

Expert Witnesses

Expert witnesses are typically required in medical malpractice cases. These are generally medical professionals who are able to provide a medical opinion about the situation, and whether negligence took place or not. They are frequently asked to review medical records of a case and may be required to give testimony during the trial.

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

When the testimony of a medical specialist is presented in court, it could be a powerful tool used to demonstrate that the defendant did not fulfill their duty of care and caused harm as a result. It is crucial to keep in mind that these experts must take an oath that they will only give the information they believe to be accurate. It is essential that you only work with experts who can be trusted and reliable.

A skilled malpractice lawyer can assess a case to determine whether an expert witness is required. In some cases, an expert's testimony is not necessary because the medical documents are clear and demonstrate that the doctor or healthcare worker committed a mistake that led to your injury or additional disease.

Depositions

A reliable witness can help prove that a medical professional did not fulfill his or 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 observed the negligent act from an alternate location. These witnesses can be deposed and can provide valuable information to help you prove your claim.

There are several types of damages that your New York malpractice attorney may recover on your behalf in a successful lawsuit. You can seek to recover your real financial losses, including medical bills and lost wages. Non-economic damages are also accessible, such as the loss of enjoyment of life, disfigurement and mental or emotional distress.

Some states cap the amount patients can receive for a medical malpractice suit. Your lawyer can explain how this affects your case.

Although the repercussions of a medical mistake can be devastating, many can recover compensation from the healthcare providers or clinics where they work. A New York medical malpractice lawyer has the knowledge and resources to present a compelling claim for you and your family.

Trial

In the event of an error in the prescription or dispensing of medication patients can be afflicted with various injuries. A mistake in administering blood thinners for patients at high risk of sustaining strokes could be fatal. New York attorneys at Duffy & Duffy can make malpractice lawsuits against pharmacists, doctors and optometrists for knowingly prescribing drugs that lead to severe injuries.

Even if a medical professional confirms that a healthcare professional did not meet the standard of health care, proving the provider's actions were responsible for the injuries suffered by the victim can be difficult. A skilled malpractice attorney will rely on hospital or physician's policies, protocols and guidelines to build an argument that proves defendant's negligence.

Many medical malpractice cases settle prior to trial. However, a knowledgeable attorney should be ready to take your case to trial should the insurance company decide not to settle for a fair amount during pretrial negotiations or if a jury's verdict is more likely to result in a higher damage award. A medical malpractice attorney could choose to appeal a lower court's decision, based on the strength and merits of your case. The process can be lengthy and requires the participation of experts. It can be a crucial step to ensure that your case is heard with respect.