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

Medical malpractice lawyers claims can be among the most complex and difficult to win. The best New York malpractice attorneys know how to handle these cases.

Medical malpractice occurs when a doctor does not follow accepted medical practices and causes injury or even death. A malpractice lawsuit that is successful can provide compensation to cover the past and future medical expenses, lost wages and consortium and pain and suffering.

Medical Records

Medical records are an essential element of any medical malpractice case. Medical records may contain a lot of information that ranges from initial diagnoses and treatment plans. Typically, these include digital images of the patient as well as flowsheets, reports of surgery, from operations or intensive care units, EKG tracings, informed consent forms and other relevant documents. These records can be used by a lawyer to determine whether a doctor's actions were below the standard of practice, and caused harm.

Many healthcare facilities and hospitals are legally required to provide patients with copies of their own medical records upon request. When a medical malpractice attorney is seeking records in connection with a potential lawsuit, they might face significant administrative delays. A dedicated and experienced New York City medical malpractice lawyer can obtain these records quickly and efficiently.

The statute of limitations is a time limit within which a medical malpractice claim must be filed. In New York, this means that you have only two and two-and-a-half years from the date of the act or omission that harmed you to bring a lawsuit.

Your lawyer will need to gather as much evidence as they can in the beginning stages of a medical malpractice claim as you can in the beginning. This includes all of your medical documents, including the mentioned information, but also hospital bills, eyewitness accounts and photographs of your injuries.

Expert Witnesses

Medical malpractice cases often require the involvement of expert witnesses. They are typically medical professionals with the capacity to give an opinion on the case and whether or not negligence occurred. They are often called upon to review the medical records in a case and they could also be required to testify in person during the trial.

A nurse, surgeon assistant doctor, surgeon assistant, or other healthcare worker with a high level of education and practical experience can be an expert witness. They can assist in explaining the complex medical aspects of a claim to allow the jury to better understand them.

A medical expert's testimony can be a powerful tool in showing that the defendant has violated their duty to care and caused harm to you. They are required by law to swear to only present evidence they believe to be accurate. They could be held accountable for false claims that are later proven to be untrue, which is why it is crucial to only hire experts who are reliable and trustworthy.

An experienced lawyer who specializes in malpractice cases can review the case and determine whether an expert witness is required. In some cases an expert's testimony might not be needed because medical records show that a physician or healthcare worker made an error that led to your injury.

Depositions

A reliable witness can help prove that a medical professional didn't fulfill their obligation of care. Your malpractice lawyer can identify witnesses, like nurses or pharmacists who were present in the operating room, or who witnessed the negligence from a different location. Witnesses can be questioned and provide important information to help you prove your claim.

There are a variety of damages that your New York malpractice attorney may be able to recover on your behalf in an effective lawsuit. These include reimbursement for your actual financial losses, such as medical expenses and lost wages, as well as non-economic damages that are more subjective, such as pain and suffering as well as loss of enjoyment of life and disfigurement, as well as emotional or mental suffering.

Some states cap the amount the patient could receive as a result of a medical malpractice lawsuit. Your lawyer can explain the effect of this on your case.

While the consequences of a medical error can be devastating, many people are able to obtain compensation from the clinics or healthcare providers where they work. A New York medical malpractice lawyer can offer the expertise and resources to create a solid claim for you and your family.

Trial

A variety of injuries could result from a mistake made when prescribing or dispensing medication. An error in administering blood thinners to patients at risk of suffering from strokes can be fatal. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against pharmacists and doctors who prescribed medications that cause serious injury.

Even after a medical professional states that a healthcare practitioner did not meet the standards of care, proving the healthcare provider's actions led to the victim's injury can be a challenge. A skilled malpractice attorney can use hospital or doctor's policies, protocols and guidelines to construct an argument that proves defendant's negligence.

Many medical malpractice cases settle before trial. A knowledgeable attorney will be able to present your case in court if the insurance company refuses to settle a fair settlement in negotiations prior to trial, or if a jury verdict could result in a higher damage award. A medical malpractice attorney could decide to appeal a lower court's decision, based on the merits and importance of your case. The process can be lengthy and requires the participation of experts. However, it can be an important step to make sure your case receives an impartial hearing.