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

Medical malpractice claims are among the most complicated and difficult to win. Fortunately, the top New York malpractice lawyers know how to handle these cases successfully.

Malpractice occurs when doctors stray from the accepted medical practice, causing injury or death. A malpractice lawsuit that is successful will be able to recover compensation for future and past medical expenses, lost wages and consortium in addition to pain and suffering.

Medical Records

Medical records are an essential element of any medical malpractice case. They typically contain a quantity of information, ranging from initial diagnoses to treatment plans. The majority of them contain digital images of the patient as well as flowsheets, reports of surgery, from intensive care or operations units, EKG tracings, informed consent forms and other pertinent documents. These records can be used by lawyers to determine if a doctor's actions were not in line with the standards of practice and harmed.

Many healthcare facilities and hospitals are required by law to provide patients with copies of their medical records upon request. However, when medical malpractice lawyers request documents in connection with a possible lawsuit against a health care provider for negligence, they may face significant administrative delays. A New York City medical negligence attorney who is committed and knowledgeable can get these records quickly.

The statute of limitations is a period within which a medical negligence claim must be filed. In New York, this means that you only have two and two-and-a-half years from the date of the law or error which caused you to bring a lawsuit.

Your lawyer should gather as much evidence in the early stages of your medical malpractice claim. This includes all of your medical records, including the information above, but also hospital invoices, eyewitnesses statements as well as photos of your injuries.

Expert Witnesses

Medical malpractice cases usually require the involvement of expert witnesses. They are usually medical professionals who have the ability to give an opinion regarding the case and whether negligence occurred or not. They are usually called upon to review the medical records in a case and they could also be required to testify in person at the trial.

A surgeon assistant, nurse physician, doctor or any other healthcare professional with a high level of training and experience could be an expert witness. They can provide a clear explanation of the medical aspects of a case to allow the jury to better understand the claims.

When the testimony of a medical specialist is presented in court, it can be a powerful evidence tool to prove the defendant breached their duty of care and caused you harm as a result. It is important to note that medical experts must take an oath of only providing information they believe to be authentic. They are liable for false claims that are found to be false, so it is essential to only employ experts who are reliable and trustworthy.

A skilled malpractice lawyer can assess a case to determine if an expert witness is required. In certain cases, an expert's testimony may not be necessary since the medical records clearly show that a doctor or healthcare worker made an error that caused your injury.

Deposits

The testimony of a reliable witness can prove that the medical provider failed to perform his obligation of care. Your malpractice lawyer can locate witnesses, like nurses or pharmacists who were in the operating room, or who observed the negligent act from a different location. They can be deposed and provide valuable evidence to support your claim.

Your New York malpractice lawyer may be able to recover a variety of types of damages on your behalf if you prevail in your lawsuit. You can seek to recover your real financial losses like medical bills and lost wages. Other damages are also available, such as pain and suffering, loss enjoyment of life, disfigurement and mental or emotional distress.

Certain states limit the amount of money that a patient can receive in a medical malpractice lawsuit. Your attorney can explain the implications of this on your case.

Although the effects of a medical mistake can be devastating, many people can recover compensation from the clinics or healthcare providers where they work. A New York medical negligence lawyer can provide you with the resources, skills and expertise needed to build an effective case for you and your loved family members.

Trial

As a result of an error in the prescription or dispensing of medication, patients can suffer many kinds of injuries. For example, a mistake in the administration of a blood thinner to patients already at risk of suffering strokes could be fatal. Duffy & Duffy, New York lawyers are able to file malpractice suits against doctors and pharmacists who prescribe medications that cause serious injury.

Even if a medical professional certifies that a healthcare provider was not in compliance with the standard of health care, proving that the provider's actions are responsible for the injuries suffered by the victim can be difficult. A skilled malpractice attorney can make use of the hospital's or doctor's policies, protocols and guidelines to construct a case that proves the defendant's incompetence.

Many medical malpractice cases settle prior to trial. However, a seasoned lawyer should be prepared to bring your case to trial should the insurance company decide not to pay a fair settlement amount in the course of negotiations prior to trial or a jury verdict is more likely to result in a larger damages award. Depending on the strengths of your case medical malpractice lawyers may decide to file an appeal of the case, in which the higher court reviews the decision of a lower court. This is a lengthy process and requires the participation of expert witnesses. It is an essential step to ensure that your case is heard fairly.