How a
malpractice attorneys Lawyer Can Help You File a Medical Malpractice Claim
Medical malpractice claims are among the most difficult and complex to get. Top New York
malpractice attorneys know how to successfully navigate these cases.
Medical malpractice occurs when a doctor breaks from accepted medical practice and causes 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 a critical element of any medical malpractice case. They often contain a great deal of information, from initial diagnosis to treatment plans. The majority of them contain digital images of the patient, surgical reports, flowsheets from intensive care or operations units, EKG tracings, informed consent forms, and other pertinent documents. These documents can help a malpractice lawyer determine whether a doctor's actions fell below the norm of care and caused harm.
A lot of hospitals and healthcare providers are required to provide copies of medical records upon request. However, if an attorney for medical malpractice requests records in the context of an upcoming lawsuit against medical professionals for negligence, they may encounter significant administrative delays. An experienced and dedicated New York City medical malpractice attorney can get these records quickly and efficiently.
A medical malpractice case must be filed within a specific time frame, which is known 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 law or the omission or mistake that caused you harm to file a lawsuit.
In the initial stages 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 photographs of your injuries.
Expert Witnesses
Expert witnesses are often needed in medical malpractice cases. They are usually medical professionals with the ability to offer an opinion regarding the case and whether negligence occurred or not. They are usually called upon to review the medical records of the case, and they could also be required to testify in person during the trial.
An expert witness could be a surgeon's assistant, physician, a doctor, or any other healthcare worker who has significant educational and practical experience in the medical field. They can assist in explaining the complex medical aspects of a claim to allow the jury to better comprehend them.
When the testimony of a medical expert is presented in court, it can be an effective tool to show that the defendant violated their duty of care and caused harm as a result. Experts are legally bound that they only provide evidence they believe to be authentic. They are liable for statements which are later found to be false, therefore it is essential to only hire experts who are reliable and trustworthy.
A seasoned lawyer who specializes in malpractice cases can evaluate the case and determine if an expert witness is needed. In certain cases, the expert's testimony is not needed because the medical documents are clear and demonstrate that the healthcare professional made a mistake that led to your injury or health issues.
Deposits
Witness testimony from a credible source can prove that the medical professional failed to perform his duty of care. Your malpractice lawyer will be able to locate witnesses, such as pharmacists or nurses who were in the operating room, or who observed the negligent act from another location. They are able to be deposed and can provide important evidence to support your claim.
Your New York malpractice lawyer may be able of recovering a variety kinds of damages on your behalf if you prevail in your case. You could recover your actual financial losses, including medical bills and lost wages. Non-economic damages are also available, such as suffering and suffering, loss of enjoyment of life, disfigurement and emotional or mental distress.
Certain states have caps on the total amount of money that a patient can receive in a lawsuit for medical malpractice. Your attorney can explain the implications of this on your case.
While the experience of a medical error could be devastating, thousands of people are able to recover compensation from healthcare providers and the clinics or hospitals where they work. A New York medical malpractice lawyer has the knowledge and resources to create a solid claim for you and your family.
Trial
As a result of an error in prescribing or dispensing of medication, patients can suffer numerous injuries. A mistake in administering blood thinners for patients at risk of stroke can cause death. New York attorneys at Duffy & Duffy can make
malpractice lawsuits against pharmacists, doctors, and optometrists for prescribing incorrectly medications that cause severe injury.
Even if a medical professional certifies that a healthcare provider did not meet the standards of care, proving that the provider's actions are responsible for the victim's injuries can be difficult. A competent malpractice lawyer can make use of hospital or doctor policies guidelines, protocols, and other documents to build a case that shows the defendant's negligence.
Many medical malpractice cases settle prior to trial. However, a skilled attorney should be ready to take your case to trial when the insurance company is refusing to settle for a fair amount in the course of negotiations prior to trial or a jury verdict is more likely to result in a bigger damages award. A medical malpractice attorney could decide to appeal a lower court's decision, based on the strength and worth of your case. This is a lengthy process and requires the participation of expert witnesses. However, it's an important step to make sure your case gets a fair hearing.