How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim
Medical malpractice cases can be among the most difficult and complex to get. Top New York malpractice attorneys know how to navigate these cases.
Medical malpractice occurs when a doctor is not following accepted medical procedures and causes injury or death. A successful malpractice lawsuit could pay for past and future: medical expenses, lost earnings and consortium loss, and the pain and suffering.
Medical Records
Medical records are a critical element of any medical malpractice case. They often contain a deal of information, from initial diagnoses to treatment plans. These records can include digital photos of patients, flowsheets of surgical reports, 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 below the standard of practice and harmed.
Many hospitals and healthcare providers are legally required to provide patients with copies of their medical records upon request. When a medical malpractice attorney requests records as part of a potential lawsuit, they may experience significant administrative delays. A New York City medical negligence attorney who is committed and experienced can work to get these records quickly.
A medical malpractice case must be filed within the specified 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 from the date the act or omission caused you harm.
Your lawyer will need to gather as much evidence in the beginning stages of a medical malpractice case as possible. This includes any and all of your medical records, including the aforementioned information as well as hospital bills, eyewitness accounts as well as photographs of your injuries.
Expert Witnesses
Expert witnesses are often needed in medical malpractice cases. They are typically medical professionals with the ability to provide an opinion on the situation and whether or not negligence occurred. They are often called upon to review the medical records in a case and they may also be required to testify in person at the trial.
A surgeon assistant, nurse doctor, surgeon assistant, or any other healthcare professional with a high level of training and practical experience can be an expert witness. They can assist jurors be able to comprehend the medical aspects involved in the 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 harm in the process. Experts are required by law to swear to only provide the information they believe to be true. It is important that you choose experts that you can trust and who are reliable.
An experienced lawyer who is skilled in malpractice cases can assess the case and determine if an expert witness is needed. In certain cases an expert's testimony might not be necessary because the medical records clearly demonstrate that a healthcare professional made an error that led to your injury.
Depositions
A credible witness can help prove that a medical professional didn't fulfill their 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 negligence or witnesses from a different location. They can be deposed and provide important information to prove your case.
There are various types of damages that your New York malpractice attorney may get on your behalf in a successful lawsuit. These include reimbursement for your actual financial losses, including medical expenses and lost wages, as well as non-economic damages that are more subjective, like suffering and suffering or loss of enjoyment in life disfigurement, emotional or mental anguish.
Some states place caps on the amount of money that patients can be awarded in a lawsuit for medical malpractice. Your attorney can explain how this impacts your case.
Although the repercussions of a medical error can be devastating, many can recover compensation from the healthcare providers or clinics in which they work. A New York medical negligence lawyer can provide you with the resources, knowledge and experience needed to build a strong case for you and your loved family members.
Trial
In the event of an error in the prescribing or dispensing of medication, patients can be afflicted with a variety of injuries. A mistake in administering blood thinners to those at high risk of sustaining strokes could be fatal. Duffy & Duffy, New York lawyers, can file malpractice suits against pharmacists and doctors who prescribed medications that cause serious injury.
Even if a medical expert declares 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 skilled
malpractice attorney can make use of the hospital's or physician's policies, protocols and guidelines to help build an argument that proves defendant's incompetence.
Many medical malpractice lawsuits settle prior to trial. Nevertheless, an experienced lawyer should be prepared to bring your case to trial should the insurance company decide not to pay a fair settlement amount in pretrial negotiations, or if a jury verdict more likely to result in a greater damages award. A medical
malpractice attorney could choose to appeal a lower court's decision, based on the strength and value of your case. This process can be lengthy and involves expert witnesses. However, it can be an important step to make sure your case is given a fair hearing.