How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim
Medical malpractice cases can be among the most complicated and difficult to be successful. Top New York
malpractice attorneys know how to handle these cases.
Malpractice occurs when a doctor is not following accepted medical procedures and results in injury or death. A successful malpractice lawsuit could pay for the past and future medical expenses, lost wages, loss of consortium, and suffering and pain.
Medical Records
Medical records are an essential element of any medical malpractice case. They often contain a great quantity of information,
firm ranging from initial diagnosis to treatment plans. These records include digital images of patients, flowsheets of surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These documents can help an attorney who is a victim of malpractice determine if the actions of a doctor fell below the norm of care and caused harm.
Many hospitals and healthcare providers are legally required to provide patients with copies of their medical records upon request. However, when a medical malpractice lawyer requests records in the context of a potential lawsuit against medical professionals for negligence, they could encounter significant administrative delays. An experienced and dedicated New York City medical malpractice attorney can help obtain the records quickly and efficiently.
A medical malpractice lawsuit must be filed within a specified timeframe, referred to as the statute of limitations. In New York, this means that you have only two and one-half years from the date of the act or error that led to your injury to pursue a lawsuit.
Your lawyer must gather as much evidence as possible in the initial stages of your medical malpractice case. This includes any and all of your medical documents, including the above information along with hospital bills, eyewitness statements as well as photographs of your injuries.
Expert Witnesses
Medical malpractice cases usually require the involvement of expert witnesses. These are usually medical professionals that can provide an opinion from a medical professional regarding the case, including whether negligence occurred or not. They are usually asked to look into the medical files of a case. They also could be required to give testimony during trial.
A surgeon assistant, nurse physician, doctor or any other healthcare professional with significant education and practical experience can be an expert witness. They can help the jury understand complex medical aspects in a claim.
When the testimony of a medical expert is presented in court, it could be a powerful tool used to show that the defendant violated their duty of care and caused you harm in the process. They are required by law to swear to only give information they believe is accurate. It is essential to only work with experts who are trustworthy and are reliable.
An experienced lawyer who specializes in malpractice cases can review the case and determine if an expert witness is needed. In certain cases, the expert's testimony is not necessary because the medical documents are clear and demonstrate that the physician or healthcare professional committed a mistake that led to your injury or additional illness.
Depositions
A credible witness can establish that a medical provider did not fulfill his or obligation to care. Your malpractice lawyer may be able to identify witnesses such as pharmacists, nurses, 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 witnesses from a different location. These witnesses can be deposed and provide important information to support your claim.
Your New York malpractice lawyer may be able to collect a variety of types of damages on your behalf if you prevail in your lawsuit. This includes reimbursement for your actual financial losses, including medical expenses and lost wages, and non-economic damages that are more subjective, like pain and suffering, loss of enjoyment of life, disfigurement, mental or emotional anguish.
Some states set limits on the total amount patients can be awarded in a medical malpractice lawsuit. Your lawyer can explain how this impacts your case.
Although the impact of a medical error may be devastating, thousands of people are able to recover compensation from healthcare providers and the hospitals or clinics in which they work. A New York medical negligence lawyer can provide you with the resources, expertise and experience needed to build a solid case for yourself and your loved ones.
Trial
Many injuries can result from a mistake in prescribing or dispensing medication. A mistake in the administration of blood thinners to those at risk of stroke can cause death. New York attorneys at Duffy & Duffy can make malpractice claims against doctors, pharmacists and optometrists for prescribing incorrectly medications that cause severe injury.
Even if a medical expert affirms that a healthcare provider failed to meet the standard of care, proving the care provider's actions contributed to the victim's damages can be a challenge. A competent lawyer for malpractice can use hospital or doctor policies guidelines, protocols and procedures to build a case that proves the defendant's negligent.
Many medical malpractice lawsuits settle prior to trial. A knowledgeable attorney will be prepared to take your case to court if the insurance company does not agree to a fair settlement during negotiations prior to trial, or if a jury verdict could result in a bigger damages award. Depending on the quality of your case a medical malpractice lawyer could also decide to pursue an appeal in which an appeals court will review a lower court's decision. The process can be lengthy and requires the involvement of expert witnesses. However, it's an important step to ensure your case gets a fair hearing.