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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 complicated to get. The best New York malpractice attorneys know how to successfully navigate these cases.

Malpractice occurs when doctors stray from the accepted medical practice that cause injury or death. A malpractice law firms lawsuit that is successful can pay compensation for future and past medical expenses, lost wages, consortium, as well as suffering and pain.

Medical Records

Medical records are an important component of any malpractice case. They often contain a great deal of information, from initial diagnosis to treatment plans. These records can include digital photos of patients flowsheets for surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These documents can help a malpractice lawyer determine whether the actions of a doctor were not up to the norm of care and caused harm.

Many hospitals and healthcare providers are legally required to provide patients with copies of their own medical records upon request. When a medical malpractice attorney requests records as part of a potential lawsuit, they may experience significant administrative delays. A skilled and dedicated New York City medical malpractice attorney can help obtain the 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 you have only two and a quarter years to file a claim from the date that the act or omission caused harm to you.

Your lawyer will need to gather as much evidence in the beginning stages of a medical malpractice case. This includes all your medical records including the above-mentioned information as well as hospital invoices, eyewitnesses' declarations, and photos of your injuries.

Expert Witnesses

Expert witnesses are often needed in medical malpractice cases. These are generally medical professionals who are able to provide a medical opinion about the situation, and whether negligence occurred or not. They are frequently called upon to review the medical records in a case and may be required to testify personally during the trial.

A nurse, surgeon assistant doctor, surgeon assistant, or other healthcare worker with significant knowledge and experience can 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.

If the testimony of a medical professional is presented in court, it could be an effective tool to show that the defendant violated their duty of care and caused you harm as a result. It is important to understand that medical experts must take an oath to only provide information they believe to be accurate. They could be held accountable for false claims that are found to be untrue, which is why it is essential to select experts who are reliable and trustworthy.

A seasoned lawyer who specializes in malpractice cases can review the situation and determine if an expert witness is required. In certain cases an expert's report may not be necessary because medical records show that a healthcare worker committed an error that led to your injury.

Deposits

A reliable witness can help prove that a medical professional did not meet his or her obligation to care. Your malpractice lawyer might be able locate witnesses such as pharmacists, nurses, radiology technicians doctors who have read test results ambulance attendants and other health care professionals who were in the operating room at the time of the wrongful act or who witnessed it from a different location. These witnesses can be deposed and can provide valuable information to prove your case.

There are several types of damages that your New York malpractice attorney may recover on your behalf in the event of a successful lawsuit. They include reimbursement for actual financial losses, including medical expenses and lost wages, and non-economic damages that are more subjective, like pain and suffering as well as loss of enjoyment of life disfigurement, emotional or mental distress.

Certain states have caps on the amount a patient can receive in a medical malpractice lawsuit. Your attorney can explain the effect of this on your case.

While the consequences of a medical error can be devastating, many are able to seek compensation from the clinics or healthcare providers in which they work. A New York medical malpractice lawyer can provide the skills, resources and experience to present a compelling claim for you and your family.

Trial

A variety of injuries may result from a mistake in prescribing or dispensing medication. A mistake in administering blood thinners for patients at high risk of sustaining strokes could cause death. New York attorneys at Duffy & Duffy can bring malpractice lawsuits against pharmacists, doctors and optometrists for prescribing incorrectly medications that cause severe injuries.

Even if a medical expert declares that a healthcare provider didn't meet the requirements of health care, proving the healthcare provider's actions were responsible for the injuries suffered by the victim can be difficult. A skilled malpractice attorney can make use of the hospital's or physician's policies, protocols and guidelines to build an argument that proves defendant's negligence.

Many medical malpractice cases settle prior to trial. An experienced attorney will be prepared to present your case in court if an insurance company refuses to settle a fair settlement in negotiations before trial, or if jury verdict would result in a greater damages award. A medical malpractice attorney could choose to appeal a lower court decision, based on the strength and merits of your case. This procedure can be lengthy and may require expert witnesses. It is an essential aspect in ensuring that your case is heard fairly.