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

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

Malpractice occurs when a doctor does not follow accepted medical practices and causes injury or death. A successful malpractice lawsuit could provide compensation for future and past medical expenses, lost earnings as well as loss of consortium and pain and suffering.

Medical Records

Medical records are a critical part of any medical negligence case. Medical records can include many details including initial diagnoses and treatment plans. These records can include digital photos of patients, surgical reports, flowsheets for intensive care units or operations, EKG tracings and other relevant documents. These documents can aid an attorney who is a victim of malpractice determine if the actions of a doctor fell below the standard of care and caused harm.

Many healthcare facilities and hospitals are required to provide copies of medical records upon request. If a medical malpractice attorney seeks records as part of the possibility of a lawsuit, they could experience significant administrative delays. A knowledgeable and experienced New York City medical malpractice attorney can get the records quickly and efficiently.

The statute of limitations is a time period within which a medical negligence claim must be filed. In New York, this means that you only have two and two and a half years from date of the act or the omission or mistake that caused you harm to file a lawsuit.

In the beginning stages of a medical malpractice claim Your lawyer will require as much evidence as they can. This includes any and all of your medical documents, including the above information along with hospital bills, eyewitness statements, and photographs of your injuries.

Expert Witnesses

Medical malpractice cases often require the use of expert witnesses. These are usually medical professionals who are able to provide an opinion from a medical professional regarding the situation, and whether negligence took place or not. They are frequently asked to examine the medical records in a case and they may also be required to testify personally during the trial.

An expert witness could be a surgeon's assistant, a doctor, physician or any other healthcare professional who has a significant amount of education and practical experience in the medical field. They can help the jury to understand the complex medical aspects of the case.

When a medical expert's testimony is presented in court, it could be a powerful tool to show that the defendant violated their duty of care and caused harm in the process. Experts are legally required to swear that they only provide information they believe is accurate. It is important that you select experts who are trustworthy and have a track record of reliability.

A skilled lawyer who is experienced in malpractice cases can review the situation and determine if an expert witness is needed. In some cases an expert's report may not be necessary because medical records show that a healthcare professional made an error that caused your injury.

Depositions

Having reliable witness testimony can prove that the medical professional failed to fulfill his or her duty of care. Your malpractice lawyer may be able to locate witnesses such as nurses, pharmacists, 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 negligent act, or witnesses from a different location. These witnesses can be deposed and can provide important details to support your case.

Your New York malpractice lawyer may be able of recovering a variety types of damages on your behalf if you win your case. You can recover your actual financial losses like medical bills and lost wages. Additionally, non-economic damages are available, including suffering and suffering, loss of enjoyment of life, disfigurement and mental or emotional distress.

Some states set limits on the total amount a patient can receive in a medical malpractice lawsuit. Your attorney will explain the impact of this on your case.

While the experience of a medical error can be traumatic, thousands of people do receive compensation from healthcare providers and the hospitals or clinics in which they work. A New York medical negligence lawyer can provide you with the tools, resources and expertise needed to build a solid case for yourself and your loved family members.

Trial

In the event of an error in prescribing or dispensing of medication, victims can suffer many kinds of injuries. For instance, a misstep when administering a blood thinner to patients who are already at risk of strokes can result in fatal. Duffy & Duffy, New York lawyers have the ability to file malpractice attorneys lawsuits against pharmacists and doctors who prescribed drugs that cause serious injury.

Even after a medical expert states that a healthcare practitioner failed to meet the standard of care, proving the actions of the provider caused the victim's injury can be a challenge. A skilled malpractice attorney can use hospital or doctors' policies, protocols, and guidelines to build an argument that proves the defendant's negligence.

Many medical malpractice lawsuits settle before trial. However, a knowledgeable attorney should be ready to take your case to trial in the event that the insurance company refuses to pay a reasonable settlement amount during negotiations before trial or if a jury verdict is more likely to result in a greater damages award. Depending on the strengths of your case medical malpractice lawyers may decide to file an appeal of the case, in which the higher court reviews a lower court's decision. The process can be long and involves expert witnesses. But, it is crucial to ensure that your case is given a fair hearing.