How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim
Medical malpractice cases are among the most complex and difficult to get. Fortunately, the top New York malpractice lawyers know how to navigate these cases successfully.
Medical malpractice occurs when a doctor does not follow accepted medical practices and causes injury or death. A malpractice lawsuit that is successful could provide compensation to cover past and future medical expenses, lost wages and consortium and pain and suffering.
Medical Records
Medical records are an important component of any malpractice case. They typically contain a quantity of information, ranging from initial diagnosis to treatment plans. The majority of them contain digital images of the patient as well as flowsheets, reports of surgery, from operations or intensive care units, EKG tracings, informed consent forms and other pertinent documents. These documents can be utilized by lawyers to determine whether a doctor's actions were not within the norms of practice, and caused harm.
Many healthcare providers and hospitals are required to supply copies of patients' medical records upon request. However, if medical
malpractice lawyers request documents as part of the possibility of suing the health care provider 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 timeframe, referred to as the statute of limitations. In New York, this means that you have only two and two-and-a-half years from the date of the act, omission or failure that harmed you to pursue a lawsuit.
During the early stages of a medical negligence claim the lawyer will require as much evidence as possible. This includes all your medical records, including the information mentioned above, but also hospital invoices, eyewitnesses' testimony, and photos of your injuries.
Expert Witnesses
Medical malpractice cases typically require the use of expert witnesses. They are usually medical professionals who have the capacity to give an opinion on the situation and whether negligence occurred or not. They are often asked to look over the medical evidence of a case and might be required to give testimony during trial.
An expert witness could be a nurse, surgeon's assistant, a doctor, physician or any other healthcare worker who has significant educational and practical experience in the medical field. They can help explain complex medical aspects of a claim so that the jury can better understand them.
If the testimony of a medical professional is presented in court, it can be a powerful tool used to prove the defendant breached their duty of care and caused harm as a result. It is crucial to keep in mind that medical experts must take an oath of only providing evidence they believe to be accurate. They are liable for any false statements that are found to be false, so it is essential to only select experts who are reliable and trustworthy.
An experienced lawyer who is skilled in malpractice cases will evaluate the case and determine whether an expert witness is required. In some instances, the expert's testimony is not needed because the medical records are clear and show that the healthcare professional committed a mistake that led to your injury or health issues.
Depositions
Witness testimony from a credible source will prove that the medical professional failed to perform his duty of care. Your malpractice lawyer can find witnesses, such as pharmacists or nurses who were in the operating room, or who witnessed the negligence from the other location. They are able to be deposed and can provide vital information to back your case.
Your New York malpractice lawyer may be able to collect a variety of kinds of damages on your behalf if you prevail in your case. You can 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.
Some states place caps on the amount of money that patients can be awarded in a medical negligence lawsuit. Your attorney will explain the impact of this on your case.
While the consequences of a medical error may be traumatic, thousands of people can claim compensation from healthcare providers and the hospitals or clinics where they work. A New York medical malpractice lawyer can provide the skills, resources and experience necessary to make a convincing claim for you and your family.
Trial
As a result of an error in the prescription or dispensing of medication, patients can be afflicted with many kinds of injuries. For instance, a misstep in the administration of a blood thinner to patients already at risk of having a stroke can be deadly. New York attorneys at Duffy & Duffy can file
malpractice attorney claims against pharmacists, doctors and optometrists for prescribing incorrectly medications that can cause serious injuries.
Even after a medical professional testifies that a healthcare provider failed to meet the standard of care, proving that the healthcare provider's actions led to the victim's damage can be challenging. A seasoned malpractice lawyer will utilize the policies of a doctor or hospital as well as protocols and guidelines to create a case that shows the defendant's negligence.
Many medical malpractice cases settle before trial. However, a skilled lawyer should be prepared to bring your case to trial if the insurance company refuses to settle a fair settlement amount in pretrial negotiations, or if a jury's verdict is more likely to result in a higher damages award. Based on the quality of your case medical malpractice lawyers may be able to seek a case appeal, wherein an appeals court will review the lower court's decision. This procedure is lengthy and requires the participation of experts. It is an essential element in ensuring that your case is heard with respect.