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How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim

Medical malpractice cases can be among the most difficult and complicated to get. Top New York malpractice attorneys know how to successfully navigate these cases.

Malpractice occurs when a physician is not following accepted medical procedures and results in injury or death. A malpractice law firm lawsuit that is successful can offer compensation to pay for the past and future medical expenses, lost wages, consortium and pain and suffering.

Medical Records

Medical records are a critical part of any medical malpractice case. They often contain a great deal of information, from initial diagnoses to treatment plans. These records contain digital images of patients surgical reports, flowsheets for intensive care units or operations, EKG tracings and other relevant documents. These documents can be utilized by lawyers to determine if a doctor's actions were below the standard of practice and resulted in harm.

Many healthcare facilities and hospitals are required by law to provide patients with copies of their medical records upon request. When a medical malpractice attorney requests records as part of an upcoming lawsuit, they might face significant administrative delays. An experienced and dedicated New York City medical malpractice attorney can get the records quickly and efficiently.

The statute of limitations is a period within which a medical negligence claim has to be filed. In New York this means you have only two and a quarter years to file a lawsuit beginning from when the act or omission caused harm to you.

In the initial stages of a medical negligence claim the lawyer will require as much evidence as is possible. This includes any and all of your medical records, including the aforementioned information and hospital bills, eyewitness testimony and photos of your injuries.

Expert Witnesses

Expert witnesses are usually required in medical malpractice cases. These are generally medical professionals who can provide an opinion of a doctor regarding the incident, indicating whether negligence took place or not. They are often called upon to look over the medical records in a case and they might also be required to testify in person during the trial.

An expert witness could be a surgeon's assistant, doctor, physician, or any other healthcare professional 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 case.

A medical expert's report can be an effective tool in showing that the defendant has violated their duty to care and caused harm to you. These experts are legally required to swear to only provide information they believe to be authentic. It is essential that you only work with experts who can be trusted and reliable.

A seasoned lawyer who specializes in malpractice cases can evaluate the case and determine whether an expert witness is needed. In certain cases, the expert's report is not necessary since the medical records are clear and prove that the doctor or healthcare professional made a mistake which led to your injury or illness.

Deposits

The testimony of a reliable witness can help establish that the medical provider failed to meet his or her obligation of care. Your malpractice lawyer can identify witnesses, like pharmacists or nurses who were in the operating room, or who witnessed the negligence from an alternate location. They can be deposed and can provide valuable information to support your claim.

There are various types of damages that your New York malpractice attorney may get on your behalf in a successful lawsuit. You can recover your actual financial losses, including medical bills and lost wages. Other damages are also accessible, such as suffering and pain, loss of enjoyment of life, disfigurement and emotional or mental distress.

Some states cap the amount of money a patient may receive for a medical malpractice lawsuit. Your attorney can explain the impact of this on your case.

While the aftermath of a medical error could be devastating, thousands of people do recover compensation from healthcare providers and the hospitals or clinics in which they work. A New York medical malpractice lawyer will have the knowledge, resources and experience to make a convincing claim for you and your family.

Trial

A variety of injuries could result from a mistake in prescribing or dispensing medication. A mistake in administering blood thinners to those at high risk of sustaining strokes could cause death. New York attorneys at Duffy & Duffy can assert malpractice claims against pharmacists, doctors, and optometrists who have wrongly prescribed medications that can cause serious injury.

Even if a medical professional 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 skilled malpractice attorney will rely on hospital or doctor's policies, protocols and guidelines to construct an argument that proves defendant's incompetence.

Many medical malpractice cases settle prior to trial. Nevertheless, an experienced attorney should be ready to take your case to trial when the insurance company is refusing to settle for a fair amount in pretrial negotiations, or if a jury verdict is more likely to result in a greater damage award. A medical malpractice attorney might decide to appeal a lower court decision, based on the strength and merits of your case. This process can be lengthy and involves expert witnesses. It is a crucial element in ensuring that your case is heard with respect.