How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim
Medical malpractice claims can be among the most difficult and complicated to be successful. Fortunately, the best New York malpractice lawyers know how to handle these cases successfully.
Medical malpractice occurs when doctors deviate from the accepted medical practice, causing injury or death. A successful malpractice case can offer compensation for the past and future medical expenses, lost earnings as well as loss of consortium and suffering and pain.
Medical Records
Medical records are an essential part of any medical negligence case. Medical records may contain an array of information including initial diagnoses 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 aid a malpractice lawyer determine whether the actions of a doctor fell below the standard of care and caused harm.
Many hospitals and healthcare providers are required by law to provide patients with copies of their own medical records upon request. However, when a medical malpractice lawyer requests records in the context of the possibility of suing the health care provider for negligence, they may encounter significant administrative delays. A knowledgeable and experienced New York City medical malpractice lawyer can obtain these records quickly and efficiently.
The statute of limitations is a period within which a medical negligence claim must be filed. In New York this means you only have two and one quarter years to file a lawsuit from the date that the act or omission caused you harm.
In the beginning stages of a claim for medical malpractice, your lawyer will need as much evidence as possible. This includes 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 involvement of experts as witnesses. They are typically medical professionals who can provide a medical opinion about the case, including whether negligence occurred or not. They are often required to look into the medical records of a case and might be required to testify in the trial.
A nurse, surgeon assistant doctor, surgeon assistant, or any other healthcare professional with significant training and experience could be an expert witness. Expert witnesses can help explain the complicated medical aspects of a case so that the jury can better understand their role.
An expert’s opinion from a medical professional can be a powerful tool for proving that the defendant violated their duty of care and caused you harm. It is important to understand that medical experts are required to sign an oath to provide only the information they believe to be accurate. It is essential that you only work with experts you can trust and reliable.
An experienced malpractice lawyer can assess a case to determine whether an expert witness is required. In certain cases an expert’s report may not be necessary since the medical records clearly demonstrate that a physician or healthcare professional made a mistake which led to your injury.
Deposits
A reliable witness testimony can establish that the medical professional did not to fulfill his duty of care. Your malpractice lawyer might be able to locate witnesses such as pharmacists, nurses, radiology technicians doctors who read test results ambulance attendants, or other health professionals who were in the operating room at the time of the wrongful act or witnesses from a different location. These witnesses can be interviewed and can provide valuable information to prove your case.
Your New York malpractice lawyer may be able of recovering a variety types of damages on your behalf if you prevail in your lawsuit. These include compensation for actual financial losses, such as medical expenses and lost wages, and non-economic damages that are more subjective, like pain and suffering, loss of enjoyment of life, disfigurement, mental or emotional anguish.
Some states set limits on the total amount patients can be awarded in a medical malpractice lawsuit. Your lawyer will explain how this affects your case.
Although the impact of a medical error could be catastrophic, many are able to recover compensation from the healthcare providers or clinics where they work. A New York medical malpractice lawyer can provide the skills, resources and experience necessary to build a strong claim for you and your family.
Trial
A variety of injuries could result from a mistake in prescribing or dispensing medication. For instance, a misstep when administering a blood thinner to patients who are already at risk of suffering strokes can result in fatal. Duffy & Duffy, New York lawyers are able to file malpractice suits against pharmacists and doctors who prescribed medications that cause serious injury.
Even if a medical expert affirms that a healthcare provider did not meet the standards of care, proving that the care provider’s actions contributed to the victim’s damage can be difficult. A competent malpractice lawyer can rely on the hospital or doctors’ policies, protocols, and guidelines to construct a case that establishes the defendant’s negligence.
Many medical malpractice cases settle prior to trial. However, a knowledgeable lawyer should be prepared to bring your case to trial in the event that the insurance company refuses to settle for a fair amount during negotiations before trial or if a jury’s verdict is more likely to result in a greater damages award. Based on the strength of your case, a medical malpractice lawyer may decide to file an appeal in which an appeals court will review a lower court’s decision. This is a lengthy process and requires the participation of expert witnesses. It is essential to ensure your case is given an honest hearing.
