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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. The best New York malpractice attorneys know how to handle these cases.

Malpractice occurs when a physician departs from accepted medical practices and results in death or injury. A malpractice lawsuit that is successful could offer compensation to pay for past and future medical expenses, lost wages and consortium as well as suffering and pain.

Medical Records

Medical records are a critical component of any medical malpractice case. They typically contain a amount of information, from initial diagnosis to treatment plans. They include digital photographs of patients, flowsheets, reports on surgery, intensive care units or operations, EKG tracings and other relevant documents. These records can assist an attorney for malpractice attorney determine if the actions of a doctor were not up to the standard of care and caused harm.

Many healthcare facilities and hospitals must provide copies of patients' medical records upon request. When a medical malpractice lawyer requests records as part of an upcoming lawsuit, they may experience significant administrative delays. A knowledgeable and experienced New York City medical malpractice lawyer can obtain these records quickly and efficiently.

A medical malpractice claim must be filed within a specified timeframe, referred to as the statute of limitations. In New York this means you have just two and a quarter years to file a lawsuit from when the act or omission caused you harm.

Your lawyer should collect as much evidence as possible during the early stages of your medical malpractice case. This includes all of your medical records including the information mentioned above, but also hospital invoices, eyewitnesses statements and photographs of your injuries.

Expert Witnesses

Medical malpractice cases usually require the use of expert witnesses. These are generally medical professionals that can provide an opinion of a doctor regarding the incident, indicating whether negligence took place or not. They are often called upon to review the medical records of the case, and they might also be required to testify personally during the trial.

An expert witness could be a nurse, surgeon's assistant, a doctor, a physician or any other healthcare professional who has extensive educational and practical experience in the medical field. They can help the jury to understand the complex medical aspects of the case.

An expert's opinion from a medical professional can be a powerful tool for showing that the defendant has violated their duty of caring and caused you harm. Experts are legally required to swear to only present information they believe is authentic. They could be held accountable for any false statements that are later proven to be false, therefore it is essential to only employ experts who are reliable and trustworthy.

An experienced lawyer who specializes in malpractice cases can review the case and determine if an expert witness is needed. In some instances, the expert's testimony is not necessary because the medical documents are clear and prove that the physician or healthcare worker made a mistake that led to your injury or additional disease.

Deposits

A reliable witness testimony will prove that the medical professional failed to perform his obligation of care. Your malpractice lawyer might be able to locate witnesses such as nurses, pharmacists radiology technicians doctors who have read test results ambulance attendants, or other health care professionals who were in the operating room at the time of the negligent act, or who witnessed it from another location. These witnesses can be deposed, and provide valuable information to prove your case.

Your New York malpractice lawyer may be able to recover several kinds of damages on your behalf if you win your lawsuit. They include reimbursement for actual financial losses, like medical expenses and lost wages, and non-economic damages that are more subjective, such as suffering and suffering, loss of enjoyment of life, disfigurement, emotional or mental anguish.

Some states place caps on the amount of money that patients can be awarded in a medical negligence lawsuit. Your lawyer can explain how this affects your case.

Although the effects of a medical error can be devastating, many are able to obtain compensation from the healthcare providers or clinics in which they work. A New York medical malpractice lawyer has the knowledge, resources and experience necessary to present a compelling claim for you and your family.

Trial

A variety of injuries can result from an error made in prescribing or dispensing medication. A mistake in administering blood thinners for patients at high risk of sustaining strokes could be fatal. New York attorneys at Duffy & Duffy can file malpractice claims against pharmacists, doctors, and optometrists for wrongfully prescribing medications that can cause serious injuries.

Even after a medical expert affirms that a healthcare provider was not up to the standard of care, proving the provider's actions caused the victim's damage can be a challenge. A skilled attorney for malpractice can rely on the hospital or physician's policies, protocols and guidelines to construct a case that proves the defendant's negligence.

Many medical malpractice lawsuits settle prior to trial. A knowledgeable attorney will be prepared to present your case to court if the insurance company refuses to settle a fair settlement in the pre-trial negotiations, or if a jury verdict could result in a bigger damage award. A medical malpractice lawyer could choose to appeal a lower court's decision, depending on the strength and merits of your case. This process can be lengthy and involves expert witnesses. It is an essential step in ensuring your case is heard fairly.