How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim
Medical malpractice claims are among the most complex and difficult to be successful. Fortunately, the top New York malpractice lawyers know how to navigate these cases successfully.
Malpractice happens when a doctor is not following accepted medical procedures and causes injury or even death. A malpractice lawsuit that is successful can pay compensation for the past and future medical expenses, lost wages and consortium and pain and suffering.
Medical Records
Medical records are an important element of any malpractice lawsuit. Medical records may contain an array of information which range from the initial diagnosis and treatment plans. These records include digital images of patients flowsheets, reports on surgery, intensive care units or operations, EKG tracings and other relevant documents. These documents can be used by a lawyer to determine if a physician’s actions fell below the standards of practice and harmed.
Many hospitals and healthcare providers are legally required to provide patients with copies of their own medical records upon request. However, when medical malpractice lawyers demand records in the context of the possibility of suing the health care provider for negligence, they could face significant administrative delays. An experienced and dedicated New York City medical malpractice lawyer can obtain the records quickly and efficiently.
A medical malpractice claim must be filed within a certain time frame, which is known as the statute of limitations. In New York this means you have just two and a quarter years to file a lawsuit starting from the date of the incident, omission, or failure caused harm to you.
Your lawyer will need to gather as much evidence as they can in the beginning stages of a medical malpractice case. This includes all your medical records including the information above along with hospital invoices, eyewitnesses statements as well as photos of your injuries.
Expert Witnesses
Medical malpractice cases typically require the use of expert witnesses. These are generally medical professionals who are able to provide an opinion on the medical aspect of the incident, indicating whether negligence occurred or not. They are often required to look into the medical records of a case and may be required to testify during trial.
An expert witness could be a surgeon’s assistant, doctor, physician, or any other healthcare professional who has a significant amount of education and practical experience in the medical field. They can assist jurors 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 prove the defendant breached their duty of care and caused you harm in the process. These experts are required by law to swear to only present information they believe is accurate. It is essential to choose experts who are trustworthy and who are reliable.
A skilled malpractice lawyer can evaluate a case and determine whether an expert witness is required. In some cases, an expert’s testimony may not be required because the medical records clearly show that a physician or healthcare worker made an error that resulted in your injury.
Depositions
A reliable witness can prove that a medical professional did not fulfill his or duty of care. Your malpractice attorneys lawyer may be able to identify witnesses like pharmacists, nurses radiology technicians doctors who read test results ambulance attendants or 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 interviewed and can provide valuable information to support your claim.
There are several types of damages that your New York malpractice attorney may recover on your behalf in an effective lawsuit. They include reimbursement for actual financial losses, including medical expenses and lost wages, and non-economic damages that are more subjective, such as pain and suffering, loss of enjoyment of life disfigurement, emotional or mental anguish.
Certain states have caps on the total amount a patient can receive in a medical malpractice lawsuit. Your lawyer will explain how this affects your case.
While the experience of a medical error may be devastating, thousands of people do recover compensation from healthcare providers as well as 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
Due to an error in the prescribing or dispensing of medication, victims can suffer various injuries. A mistake when administering blood thinners to patients at risk of stroke could cause fatal injury. Duffy & Duffy, New York lawyers have the ability to file malpractice lawsuits against pharmacists and doctors who prescribed drugs that cause severe injury.
Even if a medical professional confirms that a healthcare professional didn’t meet the requirements of care, proving the provider’s actions were responsible for the victim’s injuries can be difficult. A skilled malpractice attorney can make use of the hospital’s or doctor’s policies, protocols, and guidelines to create an argument that proves defendant’s negligence.
Many medical malpractice lawsuits settle before trial. However, a skilled lawyer should be prepared to bring your case to trial when the insurance company is refusing to settle a fair settlement amount during pretrial negotiations or if a jury verdict more likely to result in a greater damages award. Depending on the strength of your case, an attorney for medical malpractice may be able to seek an appeal process, where an appeals court will review the lower court’s decision. The process can be lengthy and requires the involvement of experts. It can be a crucial element in ensuring that your case is listened to in a fair way.