How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim
Medical malpractice claims can be among the most difficult and complicated to get. Top New York
malpractice attorneys know how to navigate these cases.
Malpractice occurs when doctors depart from accepted medical practices that cause injury or death. A successful malpractice lawsuit can pay for the past and future medical expenses, lost earnings and consortium loss, and suffering and pain.
Medical Records
Medical records are an essential component of any malpractice case. They typically contain a amount of information, ranging from initial diagnoses to treatment plans. They include digital photographs of patients surgical reports, flowsheets for intensive care units or operations, EKG tracings and other relevant documents. These documents can be used by a lawyer to determine if a physician's actions were not in line with the standards of practice and caused harm.
Many healthcare facilities and hospitals are legally required to provide patients with copies of their own medical records upon request. However, if a medical malpractice lawyer requests records as part of the possibility of suing an healthcare provider for negligence, they could encounter significant administrative delays. An experienced and dedicated New York City medical malpractice attorney can help obtain these records quickly and efficiently.
A medical malpractice case must be filed within a specific time period, also known as the statute of limitations. In New York this means you only have two and one quarter years to file a lawsuit starting from the date of the incident or omission caused you harm.
During the early stages of a medical malpractice claim the lawyer will require the most evidence possible. This includes all of your medical records, including the aforementioned information, but also hospital bills, eyewitness statements and photos of your injuries.
Expert Witnesses
Medical
malpractice cases usually require the involvement of expert witnesses. These are generally medical professionals that can provide a medical opinion about the incident, indicating whether negligence took place or not. They are often called upon to review a case's medical records, and they may also be required to testify personally during the trial.
An expert witness could be a nurse, surgeon's assistant, physician, a doctor, or any other healthcare worker who has extensive educational and practical experience in the medical field. Expert witnesses can help explain the complicated medical aspects of a claim so that the jury can better comprehend them.
A medical expert's testimony can be a powerful tool for showing that the defendant has violated their duty of caring and caused you harm. It is important to note that these experts are required to take an oath that they will only give information they believe to be accurate. They can be held liable for statements which are later found to be false, so it is essential to only select experts who are trustworthy and reliable.
An experienced lawyer for malpractice can assess a case to determine if an expert witness is required. In some cases, an expert's report is not necessary since the medical documents are clear and demonstrate that the healthcare worker made a mistake that led to your injury or disease.
Depositions
A credible witness can help prove that a medical professional did not fulfill his or obligation to care. Your malpractice lawyer might be able locate witnesses such as pharmacists, nurses radiology technicians doctors who have 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. These witnesses can be deposed and provide important information to help you prove your claim.
There are various types of damages that your New York malpractice attorney may be able to recover on your behalf in a successful lawsuit. You may be able to recover your actual financial losses like medical bills and lost wages. Additionally, non-economic damages are offered, including suffering and pain, loss of enjoyment of life, disfigurement, and emotional or mental distress.
Certain states impose caps on the amount the patient could receive in a lawsuit for medical malpractice. Your lawyer will explain the impact of this on your case.
Although the impact of a medical mistake can be devastating, many people are able to seek compensation from the clinics or healthcare providers in which they work. A New York medical negligence lawyer can provide you with the resources, skills and experience needed to build a solid case for yourself and your loved ones.
Trial
A variety of injuries can result from a mistake in prescribing or dispensing medication. For instance, a lapse in the administration of a blood thinner to patients who are already at risk of suffering strokes can be fatal. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against doctors and pharmacists who have prescribed drugs that cause severe injury.
Even if a medical professional certifies that a healthcare provider didn't meet the requirements of care, proving the healthcare provider's actions caused the victim's injuries may be difficult. A competent malpractice lawyer can make use of the hospital's or physician's policies, protocols and guidelines to create an argument that proves the defendant's incompetence.
Many medical malpractice lawsuits settle before trial. However, a knowledgeable lawyer should be prepared to bring your case to trial when the insurance company is refusing to settle a fair settlement amount in pretrial negotiations, or if a jury verdict is more likely to result in a greater damage award. An attorney for medical malpractice could choose to appeal a lower court's decision, depending on the strength and merits of your case. This procedure is lengthy and requires the participation of expert witnesses. It is crucial to ensure that your case is given an impartial hearing.