How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim
Medical malpractice cases are among the most complex and difficult to be successful. Fortunately, the top New York malpractice lawyers know how to handle these cases successfully.
Malpractice happens when a doctor does not follow accepted medical practices and causes injury or death. A successful malpractice lawsuit can provide compensation for past and future: medical expenses, lost wages, loss of consortium, and the pain and suffering.
Medical Records
Medical records are a crucial part of any malpractice case. They typically contain a amount of information, from initial diagnosis to treatment plans. Typically, these include digital images of the patient, surgical reports, flowsheets from intensive care or operations units, EKG tracings, informed consent forms and other pertinent documents. These records can be used by a lawyer to determine whether a doctor's actions were not in line with the standards of practice and resulted in harm.
Many healthcare facilities and hospitals are legally required to provide patients with copies of their medical records upon request. However, when an attorney for medical malpractice requests documents in connection with a possible lawsuit against an healthcare provider for negligence, they may encounter significant administrative delays. An experienced and dedicated New York City medical malpractice attorney can work to obtain the records quickly and efficiently.
The statute of limitations is a time period within which a medical negligence claim must be filed. In New York this means you only have two and one quarter years to file a lawsuit from the date of the incident, omission, or failure caused harm to you.
Your lawyer will need to gather as much evidence as possible in the initial stages of your medical malpractice claim as you can in the beginning. This includes all your medical records including the information above along with hospital invoices, eyewitnesses' statements and photographs of your injuries.
Expert Witnesses
Expert witnesses are frequently required in medical malpractice cases. They are typically medical professionals who can offer an opinion on the medical aspect of the incident, indicating whether negligence occurred or not. They are often required to review the medical files of a case. They also could be required to give testimony during trial.
An expert witness could be a surgeon's assistant, doctor, a physician or any other healthcare professional with a substantial amount of educational and practical experience in the medical field. They can help the jury understand complex medical aspects in a case.
If the testimony of a medical professional is presented in court, it could be a powerful tool to demonstrate that the defendant did not fulfill their duty of care and caused you harm in the process. Experts are legally required to swear to only provide evidence they believe to be authentic. They could be held accountable for wrongful statements that are found to be false, so it is important to only select experts who are reliable and trustworthy.
An experienced lawyer who specializes in malpractice cases can assess the case and determine if an expert witness is needed. In some instances, the expert's report is not necessary since the medical records are clear and show that the physician or healthcare worker committed a mistake that led to your injury or disease.
Depositions
A credible witness can help determine that a medical professional was not able to fulfill his obligation of care. Your malpractice (
gpnmall.gp114.net) lawyer may be able to identify witnesses such as 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 wrongful act or who witnessed it from a different location. They can be deposed and can provide important evidence to support 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. You may be able to recover your actual financial losses, such as medical bills and lost wages. Non-economic damages are also available, such as suffering and pain, loss of enjoyment of life, disfigurement or emotional or mental distress.
Some states set limits on the amount a patient can receive in a lawsuit for medical malpractice. Your lawyer can explain the implications of this on your case.
Although the impact of a medical error can be devastating, many people are able to obtain compensation from the healthcare providers or clinics where they work. A New York medical malpractice lawyer can provide the skills, resources and experience necessary 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 a variety of injuries. A mistake in the administration of blood thinners to patients at risk of suffering from strokes can be fatal. New York attorneys at Duffy & Duffy can bring
malpractice lawsuits against pharmacists, doctors and optometrists for wrongfully prescribing medications that cause severe injuries.
Even if a medical expert confirms that a healthcare professional was not in compliance with the standard of health care, proving that the doctor's actions are responsible for the victim's injuries can be difficult. A competent malpractice lawyer can use hospital or doctor's policies, protocols, and guidelines to help build an argument that proves the defendant's negligence.
Many medical malpractice lawsuits settle before trial. A knowledgeable attorney is prepared to present your case in court if the insurance company refuses to settle a fair settlement in the pre-trial negotiations, or if a jury verdict would result in a higher damage award. Based on the strength of your case a medical malpractice lawyer could decide to file an appeal process, where an upper court reviews the decision of a lower court. This procedure can be lengthy and requires expert witnesses. It is an essential aspect in ensuring that your case is heard with respect.