How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim
Medical malpractice claims can be among the most complex and difficult to be successful. Fortunately, the best New York malpractice lawyers know how to navigate these cases successfully.
Malpractice occurs when doctors stray from accepted medical practices which can result in injury or death. A successful malpractice lawsuit could pay for future and past medical expenses, lost earnings, loss of consortium, and suffering and pain.
Medical Records
Medical records are a critical element of any medical
malpractice law firm case. Medical records contain many details which range from the initial diagnosis and treatment plans. These records can include digital photos of patients flowsheets of surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These documents can help an attorney for malpractice to determine whether a doctor's actions fell below the standard of care and caused harm.
Many healthcare providers and hospitals must provide copies of medical records upon request. When a medical malpractice lawyer requires records as part of a potential lawsuit, they could experience significant administrative delays. A knowledgeable and experienced New York City medical malpractice attorney can work to obtain these records quickly and efficiently.
The statute of limitations is a time period within which a medical negligence claim has to be filed. In New York, this means that you have only two and two-and-a-half years from the date of the law, omission or failure that caused you harm to pursue a lawsuit.
In the initial stages of a medical negligence claim the lawyer will require as much evidence as is possible. This includes all medical records, including the aforementioned information along with hospital bills, eyewitness testimony and photographs of your injuries.
Expert Witnesses
Expert witnesses are typically required in medical malpractice cases. They are usually medical professionals with the ability to provide an opinion on the case and whether negligence was involved. They are frequently called upon to review the medical records in a case and they could also be required to testify in person during the trial.
A surgeon assistant, nurse physician, doctor or other healthcare worker with a high level of education and practical experience can be an expert witness. They can help the jury to understand the complex medical aspects of the case.
A medical expert's report can be an effective tool in showing that the defendant has violated their duty of caring and caused harm to you. It is important to note that medical experts are required to sign an oath to only provide information they believe to be authentic. They could be held accountable for any false statements that are proven to be false, and it is essential to hire experts who are trustworthy and reliable.
A skilled malpractice lawyer can evaluate a case and determine whether an expert witness is required. In some instances an expert's opinion may not be needed because the medical records clearly demonstrate that a doctor or healthcare worker made an error that caused your injury.
Depositions
The testimony of a reliable witness can establish that the medical professional did not to perform his duty of care. Your malpractice lawyer might be able locate witnesses like nurses, pharmacists, radiology technicians doctors who have read test results ambulance attendants, or other health professionals who were in the operating room at the time of the wrongful act or who witnessed it from another location. These witnesses can be deposed and provide valuable evidence to help you prove your claim.
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. These include reimbursement for your actual financial losses, like medical expenses and lost wages, and non-economic damages that are more subjective, such as pain and suffering, loss of enjoyment of life, disfigurement, mental or emotional anguish.
Certain states impose caps on the amount the patient could receive in a medical negligence lawsuit. Your lawyer can explain how this affects your case.
Although the impact of a medical mistake can be devastating, many people are able to recover compensation from the healthcare providers or clinics where they work. A New York medical negligence lawyer can provide you with the resources, skills and experience required to construct a solid case for yourself and your loved family members.
Trial
A variety of injuries can result from an error made in prescribing or dispensing medication. For example, a mistake in administering a blood thinner to patients already at risk for strokes can result in fatal. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits (
view) against doctors and pharmacists who prescribe drugs that cause severe injury.
Even if a medical professional states that a health care provider did not meet the standard of health care, proving that the doctor's actions are accountable for the victim's injuries can be difficult. A competent malpractice lawyer can use hospital or doctors' policies, protocols, and guidelines to build an argument that proves the defendant's negligence.
Many medical malpractice lawsuits settle before trial. However, a knowledgeable attorney should be ready to take your case to trial if the insurance company refuses to pay a reasonable settlement amount in the course of negotiations prior to trial or if a jury's verdict is more likely to result in a bigger damage award. Based on the quality of your case a medical malpractice lawyer could decide to pursue a case appeal, wherein an appeals court will review the lower court's decision. The process can be long and may require expert witnesses. It can be a crucial step in ensuring your case is heard fairly.