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

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

Medical malpractice occurs when doctors deviate from the accepted medical practice which can result in injury or death. A malpractice lawsuit that is successful will be able to recover compensation for the past and future medical expenses, lost wages and consortium as well as pain and suffering.

Medical Records

Medical records are a crucial element of any malpractice lawsuit. Medical records contain a lot of information which range from the initial diagnosis and treatment plans. Most often, they include digital images of the patient, surgical reports, flowsheets from intensive care or operations units, EKG tracings, informed consent forms and other pertinent documents. These documents can be used by a lawyer to determine if a doctor's actions fell below the standards of practice, and caused harm.

Many healthcare facilities and hospitals are required by law to provide patients with copies of their medical records upon request. However, if medical malpractice lawyers request records in the context of a potential lawsuit against an healthcare provider for negligence, they could be faced with significant administrative issues. A dedicated and experienced New York City medical malpractice attorney can help obtain these records quickly and efficiently.

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

In the beginning stages of a claim for medical malpractice, your lawyer will need the most evidence possible. This would include all medical documents, including the mentioned information as well as eyewitness statements, hospital bills and photos of your injuries.

Expert Witnesses

Expert witnesses are typically required in medical malpractice cases. They are typically medical professionals with the ability to provide an opinion on the case and whether or not negligence occurred. They are often required to review medical records of a case and could be required to testify in trial.

A surgeon assistant, nurse physician, doctor or any other healthcare professional with extensive education and practical experience can be an expert witness. They can help the jury comprehend the complicated medical aspects of the case.

When the testimony of a medical expert is presented in court, it can be an effective tool to demonstrate that the defendant did not fulfill their duty of care and caused harm as a result. They are legally required to swear to only provide evidence they believe to be authentic. They are accountable for statements that are proven to be false, so it is essential to hire experts who are trustworthy and reliable.

An experienced malpractice attorneys lawyer can evaluate a case and determine if an expert witness is required. In some cases, the expert's testimony is not needed because the medical documents are clear and prove that the doctor or healthcare professional made a mistake which led to your injury or additional disease.

Deposits

Witness testimony from a credible source can establish that the medical professional failed to meet his or her duty of care. Your malpractice lawyer may be able locate witnesses such as nurses, pharmacists radiology technicians, doctors who read test results ambulance attendants and other health professionals who were in the operating room at the time of the negligent act or who witnessed it from another location. They are able to be deposed and provide crucial information to back your case.

There are various types of damages that your New York malpractice attorney may obtain on your behalf if you file the event of a successful lawsuit. You may be able to recover your actual financial losses, including medical bills and lost wages. Non-economic damages are also offered, including pain and suffering, loss enjoyment of life, disfigurement or mental or emotional distress.

Certain states impose caps on the total amount patients can receive in a medical malpractice law firms suit. Your lawyer can explain the effect of this on your case.

While the consequences of a medical error could be traumatic, thousands of people do receive compensation from healthcare providers and the hospitals or clinics where they work. A New York medical negligence lawyer can provide you with the resources, knowledge and experience needed to build an impressive case for you and your loved family members.

Trial

As a result of an error in the prescribing or dispensing of medication, victims can suffer many kinds of injuries. For instance, a lapse in the administration of a blood thinner to patients who are already at risk of strokes can be fatal. Duffy & Duffy, New York lawyers are able to file malpractice suits against doctors and pharmacists who have prescribed drugs that cause serious injury.

Even if a medical expert states that a health care provider did not meet the standards of health care, proving the provider's actions caused the victim's injuries may be difficult. A competent malpractice lawyer can use hospital or doctor's policies, protocols, and guidelines to create an argument that proves the defendant's incompetence.

Many medical malpractice cases settle before trial. A seasoned attorney is able to present your case in the court if the insurance company is unwilling to accept a reasonable settlement during the pre-trial negotiations, or if a jury verdict would result in a greater damage award. Depending on the strength of your case medical malpractice lawyers may decide to pursue an appeal process, where the higher court reviews the lower court's decision. The process can be long and may require expert witnesses. However, it can be essential to ensure your case gets an honest hearing.