How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim
Medical malpractice claims are among the most complex and difficult to get. Fortunately, the best New York malpractice lawyers know how to handle these cases successfully.
Malpractice happens when a doctor breaks from accepted medical practice and results in death or injury. A malpractice lawsuit that is successful will offer compensation to pay for past and future medical expenses, lost wages and consortium in addition to pain and suffering.
Medical Records
Medical records are an essential element of any
malpractice lawsuit. Medical records can contain many details, ranging from initial diagnoses and treatment plans. Most often, they include 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 records can help an attorney for malpractice to determine whether a doctor's actions fell below the standard of care and triggered harm.
Many healthcare facilities and hospitals are legally required to provide patients with copies of their medical records upon request. When a medical malpractice attorney requires records as part of a lawsuit, they could experience 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 law firms claim must be filed within the specified time frame, known as the statute of limitations. In New York, this means that you have only two and two and a half years from date of the act or omission that caused you harm to pursue a lawsuit.
In the beginning stages of a medical negligence claim the lawyer will require as much evidence as is possible. This includes any and all medical documents, including the above information as well as eyewitness statements, hospital bills and photos of your injuries.
Expert Witnesses
Expert witnesses are usually required in medical malpractice cases. They are typically medical professionals that can provide an opinion of a doctor regarding the case, including whether negligence occurred or not. They are often called upon to look over the medical records of the case, and they may also be required to appear in person during the trial.
An expert witness can be a nurse, surgeon's assistant, doctor, physician, or any other healthcare worker who has significant educational and practical experience in the medical field. They can assist jurors be able to comprehend the medical aspects involved in a claim.
A medical expert's report can be a powerful tool for showing that the defendant has violated their duty to care and caused you harm. These experts are required by law to swear to only present evidence they believe to be accurate. It is important that you only hire experts that you can trust and have a track record of reliability.
An experienced malpractice lawyer can review a case and determine whether an expert witness is needed. In some instances an expert's testimony might not be needed because medical records show that a doctor or healthcare worker made an error that resulted in your injury.
Depositions
Having reliable witness testimony can establish that the medical professional did not to fulfill his or her obligation of care. Your malpractice lawyer may be able to locate witnesses like nurses, pharmacists, radiology technicians, doctors who read test results ambulance attendants or other health care professionals who were in the operating room at the time of the negligent act, or witnesses from a different location. They can be deposed and can provide vital evidence to support your claim.
There are a variety of damages that your New York malpractice attorney may be able to recover on your behalf in a successful lawsuit. You can recover your actual financial losses such as medical bills and lost wages. Additionally, non-economic damages are accessible, such as pain and suffering, loss enjoyment of life, disfigurement and mental or emotional distress.
Some states set limits on the amount of money that patients can be awarded in a medical malpractice lawsuit. Your attorney can explain how this affects your case.
While the consequences of a medical error can be devastating, a lot of people do receive compensation from healthcare providers and the clinics or hospitals 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
Due to an error in prescribing or dispensing of medication, patients may suffer various injuries. A mistake in the administration of blood thinners for patients at risk of suffering from strokes can cause death. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against doctors and pharmacists who prescribe drugs that cause severe injury.
Even if a medical expert certifies that a healthcare provider did not meet the standards of care, proving the healthcare provider's actions are accountable for the injuries suffered by the victim can be difficult. A skilled malpractice attorney can use hospital or doctor's policies, protocols and guidelines to construct an argument that proves the defendant's negligence.
Many medical malpractice lawsuits settle before trial. However, a skilled attorney should be ready to take your case to trial should the insurance company decide not to pay a reasonable settlement amount during pretrial negotiations or if a jury's verdict is more likely to result in a greater damage award. A medical malpractice lawyer could decide to appeal a lower court's decision, based on the strength and value of your case. The process can be lengthy and requires the involvement of expert witnesses. It is an essential step to ensure that your case is listened to in a fair way.