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

Medical malpractice claims are among the most complex and difficult to be successful. Top New York malpractice attorneys know how to navigate these cases.

Malpractice occurs when a physician breaks from accepted medical practice and causes injury or death. A malpractice lawsuit that is successful will provide compensation to cover the past and future medical expenses, lost wages, consortium in addition to pain and suffering.

Medical Records

Medical records are a critical element of any medical malpractice case. Medical records may contain lots of information including initial diagnoses and treatment plans. These records contain digital images of patients flowsheets of surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These records can assist an attorney for malpractice determine if the actions of a doctor were not up to the standard of care and caused harm.

Many hospitals and healthcare providers are legally required to provide patients with copies of their own medical records upon request. However, if an attorney for medical malpractice requests documents as part of the possibility of suing medical professionals for negligence, they could experience significant administrative delays. An experienced and dedicated New York City medical malpractice attorney can help obtain the records quickly and efficiently.

A medical malpractice claim must be filed within the specified time frame, which is known as the statute of limitations. In New York this means you have only two and a quarter years to file a lawsuit beginning from the date the act, omission, or failure caused you harm.

In the beginning stages of a medical malpractice case the lawyer will require as much evidence as they can. This would include all medical documents, including the mentioned information as well as eyewitness statements, hospital bills and photos of your injuries.

Expert Witnesses

Medical malpractice cases usually require the involvement of expert witnesses. They are typically medical professionals with the ability to offer an opinion on the situation and whether negligence took place. They are often required to review medical files of a case. They also may be required to give testimony during trial.

An expert witness could be a surgeon's assistant, doctor, physician or any other healthcare worker who has a significant amount of education and practical experience in the medical field. They can provide a clear explanation of the medical aspects of a claim to help the jury better comprehend their role.

When the testimony of a medical specialist is presented in court, it could be an effective tool to establish that the defendant has violated their duty of care and caused harm in the process. It is important to understand that experts are required to sign an oath that they will only give information they believe to be true. It is essential to only hire experts you can trust and are reliable.

An experienced lawyer for malpractice can review a case and determine whether an expert witness is required. In some cases an expert's opinion may not be necessary because medical records demonstrate that a healthcare professional made an error that resulted in your injury.

Deposits

A credible witness can help prove that a medical professional did not meet his or her obligation of care. Your malpractice lawyer might be able to locate witnesses such as nurses, pharmacists, 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 may provide valuable information to back your case.

There are a variety of damages that your New York malpractice attorney may be able to recover on your behalf in an effective lawsuit. You can seek to recover your real financial losses, including medical bills and lost wages. Non-economic damages are also available, such as pain and suffering, loss enjoyment of life, disfigurement or emotional or mental distress.

Certain states limit the amount a patient may receive for a medical malpractice suit. Your attorney will explain the impact of this on your case.

While the experience of a medical error could be devastating, thousands of people do recover compensation from healthcare providers and the clinics or hospitals where they work. A New York medical negligence lawyer can provide you with the resources, expertise and experience required to construct a solid case for yourself and your loved family members.

Trial

As a result of an error in prescribing or dispensing of medication, patients may suffer many kinds of injuries. A mistake in the administration of blood thinners to those at risk of stroke could cause fatal injury. Duffy & Duffy, New York lawyers are able to file malpractice suits against doctors and pharmacists who have prescribed drugs that cause severe injury.

Even if a medical expert certifies that a healthcare provider did not meet the standards of care, proving the healthcare provider's actions caused the injuries suffered by the victim can be difficult. A skilled malpractice lawyer can utilize the policies of a doctor or hospital as well as protocols and guidelines to construct a case that shows the defendant's negligence.

Many medical malpractice lawsuits settle before trial. An experienced lawyer will be able to present your case in court if the insurance provider refuses a reasonable settlement during negotiations prior to trial, or if a jury verdict would result in a bigger damages award. Based on the strength of your case, medical malpractice lawyers may be able to seek an appeal process, where an upper court reviews a lower court's decision. The process can be long and requires expert witnesses. It is an important step to make sure your case receives an honest hearing.