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. Fortunately, the top New York malpractice lawyers know how to navigate these cases successfully.
Malpractice occurs when doctors stray from the accepted medical practice which can result in injury or death. A malpractice lawsuit that is successful could offer compensation to pay for the past and future medical expenses, lost wages and consortium in addition to pain and suffering.
Medical Records
Medical records are an important element of any malpractice lawsuit. They often contain a great amount of information, ranging from initial diagnosis to treatment plans. They include digital photographs of patients flowsheets for surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These documents can help an attorney for malpractice determine if the actions of a physician fell below the standard of care and caused harm.
Many healthcare providers and hospitals must provide copies of patients' medical records upon request. However, if medical malpractice lawyers request documents in connection with a possible lawsuit against the health care provider for negligence, they may be faced with significant administrative issues. An experienced and dedicated New York City medical malpractice lawyer can obtain these records quickly and efficiently.
The statute of limitations is a limitation of time within which a medical malpractice claim has to be filed. In New York,
Malpractice this means that you have only two and two and a half years from date of the law, omission or failure that harmed you to bring a lawsuit.
Your lawyer will need to gather as much evidence as possible in the beginning stages of your medical malpractice case. This includes all of your medical records, including the information above as well as hospital invoices, eyewitnesses' declarations, and photos of your injuries.
Expert Witnesses
Medical malpractice cases usually require the use of expert witnesses. These are generally medical professionals who are able to provide an opinion from a medical professional regarding the case, including whether negligence took place or not. They are often called upon to look over the medical records of the case, and may 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 help explain complex medical aspects of a claim to allow the jury to better comprehend the claims.
If the testimony of a medical professional is presented in court, it could be a powerful tool to prove the defendant breached their duty of care and caused you harm in the process. They are legally bound that they only provide the information they believe to be authentic. They can be held liable for statements that are found to be untrue, which is why it is essential to select experts who are trustworthy and reliable.
An experienced lawyer who is skilled in malpractice cases can assess the situation and determine if an expert witness is required. In some cases an expert's opinion may not be necessary since the medical records clearly show that a doctor or healthcare worker committed an error that resulted in your injury.
Depositions
Having reliable witness testimony can prove that the medical professional failed to fulfill his obligation of care. Your malpractice lawyer might be able to identify witnesses such as nurses, pharmacists radiology technicians, doctors who read test results ambulance attendants and other health care professionals who were in the operating room at the time of the negligent act,
malpractice or who witnessed it from a different location. These witnesses can be interviewed and can provide valuable information to help you prove 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 case. They include reimbursement for actual financial losses, like medical expenses and lost wages, and non-economic damages that are more subjective, like suffering and suffering and loss of enjoyment life, disfigurement, emotional or mental suffering.
Some states set limits on the total amount of money that the patient could receive in a medical malpractice lawsuit. Your lawyer can explain the implications of this on your case.
Although the impact of a medical error can be traumatic, thousands of people are able to recover compensation from healthcare providers and the hospitals or clinics where they work. A New York medical
malpractice lawyer will have the knowledge, resources and experience to create a solid claim for you and your family.
Trial
A variety of injuries can result from a mistake made when prescribing or dispensing medication. A mistake in administering blood thinners to patients who are at risk of stroke could be fatal. Duffy & Duffy, New York lawyers can bring
malpractice suits against pharmacists and doctors who prescribed drugs that cause severe injury.
Even after a medical expert affirms that a healthcare provider was not up to the standard of care, proving the care provider's actions contributed to the victim's injuries isn't easy. A competent malpractice lawyer can apply hospital or doctor's policies guidelines, protocols, and other documents to build a case that shows the defendant's negligence.
Many medical malpractice lawsuits settle before trial. Nevertheless, an experienced lawyer should be prepared to bring your case to trial in the event that the insurance company refuses to pay a reasonable settlement amount in pretrial negotiations, or if a jury verdict is more likely to result in a larger damages award. Based on the strength of your case a medical malpractice lawyer may also decide to pursue an appeal in which the higher court reviews the lower court's decision. This process is time-consuming and requires the participation of experts. However, it's an important step to ensure your case is given an impartial hearing.