How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim
Medical malpractice cases can be among the most complicated and difficult to win. Fortunately, the best New York malpractice lawyers know how to navigate these cases successfully.
Medical malpractice occurs when a doctor departs from accepted medical practices and causes injury or even death. A
malpractice attorneys lawsuit that is successful can be able to recover compensation for future and past medical expenses, lost wages and consortium, as well as suffering and pain.
Medical Records
Medical records are a crucial element of any malpractice lawsuit. They often contain a great amount of information, from initial diagnoses to treatment plans. The majority of them contain 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 documents can aid a malpractice lawyer determine whether a doctor's actions fell below the standards of care and caused harm.
Many healthcare facilities and hospitals are required by law to provide patients with copies of their own medical records upon request. However, if a medical malpractice lawyer requests records in the context of a potential lawsuit against the health care provider for negligence, they may face significant administrative delays. A dedicated and experienced New York City medical malpractice attorney can work to obtain these records quickly and efficiently.
The statute of limitations is a limitation of time within which a medical malpractice claim has to be filed. In New York, this means that you only have two and two-and-a-half years from the date of the act or the omission or mistake that led to your injury to bring a lawsuit.
Your lawyer will need to gather as much evidence in the beginning stages of your medical malpractice case. This would include all medical documents, including the mentioned information and hospital bills, eyewitness accounts and photos of your injuries.
Expert Witnesses
Expert witnesses are usually required in medical malpractice cases. They are typically medical professionals who have the capacity to give an opinion about the case and whether negligence was involved. They are frequently called upon to examine the medical records of a case, and they could also be required to testify in person at the trial.
A surgeon assistant, nurse, physician, doctor, or any other healthcare professional with a high level of education and practical experience can be an expert witness. They can help the jury comprehend the complicated medical aspects of a case.
If the testimony of a medical professional is presented in court, it can be a powerful tool to show that the defendant violated their duty of care and caused you harm in the process. They are legally bound that they only provide the information they believe to be accurate. They are accountable for false claims which are later found to be false, and it is essential to only select experts who are reliable and trustworthy.
An experienced malpractice lawyer can assess a case to determine whether an expert witness is needed. In some cases, the expert's testimony is not needed because the medical records are clear and prove that the healthcare professional made a mistake that led to your injury or additional health issues.
Depositions
Having reliable witness testimony will prove that the medical professional did not to fulfill his obligation of care. Your
malpractice lawyer may be able find witnesses such as pharmacists, nurses radiology technicians doctors who read test results ambulance attendants or other health professionals who were in the operating room at the time of the negligent act, or who witnessed it from another location. They can be deposed and can provide vital information to back your case.
Your New York
malpractice lawyer may be able to recover several kinds of damages on your behalf if you win your lawsuit. These include compensation for actual financial losses, including medical expenses and lost wages, and non-economic damages that are more subjective, such as pain and suffering, loss of enjoyment of life disfigurement, emotional or mental distress.
Certain states limit the amount the patient could receive as a result of a medical malpractice suit. Your attorney can explain the implications of this on your case.
While the consequences of a medical error could be devastating, many are able to seek compensation from the healthcare providers or clinics where they work. A New York medical malpractice lawyer can offer the expertise, resources and experience necessary to make a convincing claim for you and your family.
Trial
In the event of an error in the prescribing or dispensing of medication patients can suffer many kinds of injuries. An error in administering blood thinners for patients at risk of stroke could be fatal. Duffy & Duffy, New York lawyers, can file malpractice suits against doctors and pharmacists who prescribe drugs that cause severe injury.
Even if a medical expert states that a healthcare practitioner didn't meet the standard of care, proving the provider's actions caused the victim's injuries can be difficult. A competent malpractice lawyer will rely on hospital or doctor's policies, protocols, and guidelines to construct an argument that proves defendant's incompetence.
Many medical malpractice lawsuits settle prior to trial. A seasoned attorney will be able to present your case to court if the insurance company does not agree to a fair settlement during the pre-trial negotiations, or if a jury verdict would result in a bigger damages award. Based on the strength of your case, a medical malpractice lawyer may also decide to pursue an appeal process, where the higher court reviews a lower court's decision. This is a lengthy process and requires the involvement of experts. It is an essential step in ensuring your case is heard fairly.