How a Malpractice Lawyer Can Help You File a Medical
Malpractice Claim
Medical malpractice claims can be among the most difficult and complex to get. Top New York
malpractice attorneys know how to successfully navigate these cases.
Malpractice occurs when a physician breaks from accepted medical practice and results in injury or death. A successful malpractice case can offer compensation for past and future: medical expenses, lost wages as well as loss of consortium and suffering and pain.
Medical Records
Medical records are an essential part of any malpractice case. They often contain a great deal of information, from initial diagnosis to treatment plans. These records include digital images of patients flowsheets of surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These records can be used by lawyers to determine whether a doctor's actions were below the standard of practice and resulted in harm.
Many hospitals and healthcare providers must provide copies of patients' medical records upon request. When a medical malpractice lawyer requests records as part of an upcoming lawsuit, they may experience significant administrative delays. A New York City medical negligence lawyer who is committed and experienced can work to obtain these records swiftly.
A medical malpractice case must be filed within the specified timeframe, referred to as the statute of limitations. In New York this means you only have two and one quarter years to file a lawsuit starting from the date the act, omission, or failure caused harm to you.
In the initial stages of a medical malpractice claim, your lawyer will need the most evidence possible. This includes all your medical records, including the information above as well as hospital invoices, eyewitnesses statements and photographs of your injuries.
Expert Witnesses
Medical malpractice cases usually require the involvement of experts as witnesses. These are generally medical professionals who are able to provide an opinion from a medical professional regarding the situation, and whether negligence occurred or not. They are frequently asked to look into the medical files of a case. They also could be required to testify during the trial.
An expert witness can be a nurse, surgeon's assistant, a physician, a doctor, 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 claim.
When a medical expert's testimony is presented in court, it can be an effective 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 evidence they believe to be accurate. It is essential to only hire experts that you can trust and reliable.
An experienced malpractice lawyer can evaluate a case and determine whether an expert witness is required. In certain cases, the expert's testimony is unnecessary because the medical records are clear and show that the healthcare professional made a mistake that lead to your injury or health issues.
Depositions
A credible witness can establish that a medical provider didn't fulfill their obligation of care. Your malpractice lawyer can locate witnesses, such as nurses or pharmacists who were present in the operating room or who observed the negligent act from an alternate location. These witnesses can be interviewed and can provide valuable information to back your claim.
There are many types of damages that your New York malpractice attorney may be able to recover on your behalf in the event of a successful lawsuit. You may be able to recover your actual financial losses such as medical bills and lost wages. Non-economic damages are also available, such as pain and suffering, loss enjoyment of life, disfigurement or emotional or mental distress.
Certain states have caps on the total amount the patient could receive in a medical negligence lawsuit. Your attorney can explain the impact of this on your case.
Although the impact of a medical mistake can be devastating, many people are able to obtain compensation from the healthcare providers or clinics in which they work. A New York medical malpractice lawyer can offer the expertise and resources to present a compelling claim for you and your family.
Trial
A variety of injuries could result from a mistake in prescribing or dispensing medication. A mistake when administering blood thinners to patients who are at high risk of sustaining strokes could be fatal. New York attorneys at Duffy & Duffy can bring malpractice lawsuits against doctors, pharmacists and optometrists for wrongfully prescribing drugs that cause severe injury.
Even if a medical professional confirms that a healthcare professional did not meet the standard of health care, proving that the provider's actions caused the victim's injuries is difficult. A seasoned
malpractice law firm lawyer will make use of hospital or doctor policies as well as protocols and guidelines to create a case that establishes the defendant's wrongful.
Many medical malpractice cases settle before trial. Nevertheless, an experienced attorney should be ready to bring your case to trial should the insurance company decide not to settle for a fair amount during negotiations before trial or if a jury's verdict is more likely to result in a higher damages award. An attorney for medical malpractice could decide to appeal a lower court decision, based on the strength and merits of your case. This process can be time-consuming and requires expert testimony. It can be a crucial aspect in ensuring that your case is listened to in a fair way.