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

Medical malpractice cases are among the most complicated and difficult to win. Top New York malpractice attorneys - Highly recommended Online site, know how to win these cases.

Medical malpractice occurs when a doctor breaks from accepted medical practice and results in death or injury. A successful malpractice lawsuit can pay for the past and future medical expenses, lost earnings and consortium loss, and pain and suffering.

Medical Records

Medical records are an essential component of any malpractice case. Medical records may contain a lot of information that ranges from initial diagnoses and treatment plans. They include digital photographs of patients flowsheets of surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These records can help an attorney who is a victim of malpractice determine if the actions of a doctor were not up to the norm of care and caused harm.

Many healthcare facilities and hospitals are legally required to provide patients with copies of their own medical records upon request. However, if an attorney for medical malpractice requests documents as part of an upcoming lawsuit against a health care provider for negligence, they may experience significant administrative delays. A New York City medical negligence attorney who is committed and knowledgeable can get these records in a short time.

The statute of limitations is a time limit within which a medical negligence claim has to be filed. In New York, this means that you only have two and one-half years from the date of the act, omission or failure that caused you harm to pursue a lawsuit.

Your lawyer should collect as much evidence as possible during the beginning stages of a medical malpractice claim. This would include all medical documents, including the above information along with hospital bills, eyewitness accounts, and photographs of your injuries.

Expert Witnesses

Expert witnesses are usually required in medical malpractice law firms cases. They are usually medical professionals who have the ability to give an opinion regarding the case and whether negligence occurred or not. They are often called upon to examine the medical records of the case, and they may also be required to testify in person at the trial.

A nurse, surgeon assistant physician, doctor or other healthcare worker who has a solid knowledge and experience can be an expert witness. Expert witnesses can help explain the complicated medical aspects of a case to allow the jury to better understand the claims.

When the testimony of a medical specialist is presented in court, it can be a powerful evidence tool to prove the defendant breached their duty of care and caused you harm as a result. Experts are legally required to swear to only give the information they believe to be true. They are liable for any false statements which are later found to be false, therefore it is crucial to only select experts who are trustworthy and reliable.

An experienced malpractice lawyer can assess a case to determine if an expert witness is required. In certain cases an expert's opinion may not be needed because the medical records clearly demonstrate that a doctor or healthcare worker made an error that resulted in your injury.

Deposits

A reliable witness can determine that a medical professional was not able to fulfill his duty of care. Your malpractice lawyer will be able to locate witnesses, like pharmacists or nurses who were present in the operating room or who observed the negligent act from an alternate location. They are able to be deposed and can provide important information to support your case.

Your New York malpractice lawyer may be able of recovering a variety kinds of damages on your behalf if you win your lawsuit. You could recover your actual financial losses, such as medical bills and lost wages. Other damages are also available, including suffering and suffering, loss of enjoyment of life, disfigurement and emotional or mental distress.

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

Although the effects of a medical error can be catastrophic, many can recover compensation from the clinics or healthcare providers in which they work. A New York medical malpractice lawyer has 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 the administration of blood thinners to those at risk of suffering from strokes can cause fatal injury. New York attorneys at Duffy & Duffy can assert malpractice claims against pharmacists, doctors and optometrists for prescribing incorrectly medications that cause severe injuries.

Even if a medical professional certifies that a healthcare provider did not meet the standards of care, proving that the provider's actions are accountable for the victim's injuries is difficult. A competent malpractice lawyer can use hospital or doctors' policies, protocols, and guidelines to help build an argument that proves the defendant's incompetence.

Many medical malpractice cases settle prior to trial. A knowledgeable attorney will be able to take your case to court if the insurance provider refuses to settle a fair settlement in negotiations before trial, or if jury verdict would result in a bigger damages award. A medical malpractice attorney may decide to appeal a lower court decision, based on the strength and merits of your case. This process can be lengthy and requires expert witnesses. It can be a crucial step to ensure that your case is heard with respect.