How a
Malpractice Lawyer Can Help You File a Medical Malpractice Claim
Medical malpractice claims are among the most complex and difficult to win. Fortunately, the top New York malpractice lawyers know how to handle these cases successfully.
Malpractice occurs when doctors depart from the accepted medical practice which can result in injury or death. A
malpractice lawsuit that is successful could provide compensation to cover future and past medical expenses, lost wages and consortium, as well as suffering and pain.
Medical Records
Medical records are a critical element of any medical malpractice case. Medical records may contain a lot of information including initial diagnoses and treatment plans. Most often, they include digital images of the patient and their surgical reports, flowsheets from intensive care or operations units, EKG tracings, informed consent forms, and other pertinent documents. These records can help a malpractice lawyer determine whether a doctor's actions fell below the standard of care and caused harm.
A lot of hospitals and healthcare providers are required to supply copies of patients' medical records upon request. However, if medical
malpractice lawyers request documents in connection with an upcoming lawsuit against the health care provider for negligence, they may face significant administrative delays. A skilled and dedicated New York City medical malpractice attorney can work to obtain the records quickly and efficiently.
A medical malpractice lawsuit must be filed within a certain time frame, which is known as the statute of limitations. In New York this means you have two and a quarter years to file a lawsuit starting from the date of the incident or omission caused you harm.
In the beginning of a medical malpractice case the lawyer will require as much evidence as possible. This would include all of your medical documents, including the mentioned information, but also eyewitness statements, hospital bills, and photographs of your injuries.
Expert Witnesses
Expert witnesses are typically required in medical malpractice cases. They are typically medical professionals who can offer an opinion from a medical professional regarding the situation, and whether negligence took place or not. They are often required to look over the medical evidence of a case and could be required to give testimony during the trial.
A nurse, surgeon assistant, physician, doctor, or any other healthcare professional who has a solid education and practical experience can be an expert witness. They can provide a clear explanation of the medical aspects of a case to allow the jury to better understand their role.
When a medical expert's testimony is presented in court, it can be a powerful tool to show that the defendant violated their duty of care and caused you harm as a result. It is important to understand that experts are required to take an oath that they will only give information they believe to be authentic. It is essential that you only work with experts who are trustworthy and have a track record of reliability.
An experienced lawyer who specializes in malpractice cases can evaluate the situation and determine if an expert witness is required. In some instances, the expert's report is not necessary since the medical records are clear and show that the doctor or healthcare professional committed a mistake that led to your injury or health issues.
Deposits
A reliable witness can help prove that a medical professional didn't fulfill their obligation to care. Your malpractice lawyer may be able to identify witnesses like nurses, pharmacists, radiology technicians doctors who have read test results ambulance attendants and other health care professionals who were in the operating room at the time of the wrongful act or witnesses from a different location. These witnesses can be deposed and can provide important information to back your case.
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 can recover your actual financial losses, such as medical bills and lost wages. Other damages are also available, such as the loss of enjoyment of life, disfigurement and mental or emotional distress.
Some states cap the amount the patient could receive as a result of a medical malpractice lawsuit. Your lawyer can explain the implications of this on your case.
Although the effects of a medical error could be devastating, many are able to seek compensation from the clinics or healthcare providers in which they work. A New York medical malpractice lawyer can provide the skills as well as the resources and expertise to make a convincing claim for you and your family.
Trial
Due to an error in the prescribing or dispensing of medication patients may suffer many kinds of injuries. A mistake when administering blood thinners for patients at risk of suffering from strokes can cause death. New York attorneys at Duffy & Duffy can file malpractice lawsuits against pharmacists, doctors and optometrists for wrongfully prescribing medications that can cause serious injury.
Even if a medical expert testifies that a healthcare provider didn't meet the standard of care, proving that the actions of the provider caused the victim's injuries isn't easy. A skilled attorney for malpractice can use hospital or doctor's policies, protocols, and guidelines to build an argument that proves the defendant's incompetence.
Many medical malpractice lawsuits settle prior to trial. A knowledgeable attorney will be able to present your case to court if an insurance company refuses to settle a fair settlement in the pre-trial negotiations, or if a jury verdict could result in a higher damages award. Based on the strength of your case medical malpractice lawyers may decide to file an appeal in which a higher court reviews the decision of a lower court. This process can be lengthy and requires expert witnesses. It is an essential step in ensuring your case is heard fairly.