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

Medical malpractice law firm claims are among the most complicated and difficult to be successful. Fortunately, the best New York malpractice lawyers know how to navigate these cases successfully.

Malpractice is when doctors deviate from accepted medical practices and cause injury or even death. A malpractice lawsuit that is successful may be able to recover compensation for past and future medical expenses, lost wages and consortium, as well as pain and suffering.

Medical Records

Medical records are an essential component of any malpractice case. Medical records contain a lot of information which range from the initial diagnosis and treatment plans. Most often, they include digital images of the patient flowsheets, surgical reports, from operations or intensive care units, EKG tracings, informed consent forms and other relevant documents. These records can help a malpractice lawyer determine whether the actions of a doctor fell below the standard of care and caused harm.

Many healthcare facilities and hospitals are required by law to provide patients with copies of their medical records upon request. However, when medical malpractice lawyers request documents in connection with a possible lawsuit against medical professionals for negligence, they may face significant administrative delays. A New York City medical negligence attorney who is dedicated and experienced can work to get these records quickly.

A medical malpractice claim must be filed within a specified time frame, known as the statute of limitations. In New York, this means that you only have two and two and a half years from date of the act or error which caused you to bring a lawsuit.

Your lawyer should gather as much evidence as possible in the beginning stages of your medical malpractice claim as you can in the beginning. This would include all of your medical records, including the aforementioned information along with hospital bills, eyewitness statements and photographs of your injuries.

Expert Witnesses

Medical malpractice cases usually require the involvement of expert witnesses. They are usually medical professionals with the ability to give an opinion on the case and whether negligence occurred or not. They are frequently asked to look over the medical records of a case, and they could also be required to appear in person during the trial.

An expert witness could be a nurse, 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 a claim.

A medical expert's testimony can be an effective tool for evidence that the defendant did not fulfill their duty to care and caused harm to you. It is crucial to remember that these experts are required to swear an oath that they will only give evidence they believe to be accurate. They are liable for wrongful statements which are later found to be false, and it is essential to employ experts who are trustworthy and reliable.

An experienced lawyer who is skilled in malpractice cases can evaluate the case and determine if an expert witness is needed. In some instances an expert's opinion may not be required because the medical records clearly demonstrate that a doctor or healthcare professional made a mistake which led to your injury.

Depositions

A reliable witness testimony will prove that the medical professional failed to perform his obligation of care. Your malpractice lawyer may be able to identify witnesses such as pharmacists, nurses, radiology technicians doctors who have 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. Witnesses can be questioned and provide important information to back your claim.

There are several types of damages that your New York malpractice attorney may recover on your behalf in an effective lawsuit. You can recover your actual financial losses such as medical bills and lost wages. Non-economic damages are also accessible, such as the loss of enjoyment of life, disfigurement, and mental or emotional distress.

Some states place caps on the total amount patients can be awarded in a medical malpractice lawsuit. Your lawyer can explain the impact of this on your case.

Although the effects of a medical error could be devastating, many people are able to seek compensation from the healthcare providers or clinics where they work. A New York medical malpractice lawyer has the knowledge, resources and experience necessary to present a compelling claim for you and your family.

Trial

Many injuries can result from a mistake in prescribing or dispensing medication. For instance, a lapse when administering a blood thinner to patients already at risk of having strokes could be fatal. New York attorneys at Duffy & Duffy can file malpractice lawsuits against pharmacists, doctors, and optometrists for wrongfully prescribing drugs that lead to severe injury.

Even after a medical expert testifies that a healthcare provider was not up to the standard of care, proving the healthcare provider's actions led to the victim's injury can be challenging. A seasoned malpractice lawyer will use hospital or doctor policies guidelines, protocols, and other documents to build a case that proves the defendant's negligent.

Many medical malpractice lawsuits settle prior to trial. An experienced lawyer will be able to present your case to court if the insurance provider refuses a reasonable settlement during negotiations before trial, or if jury verdict could result in a greater damages award. Based on the quality of your case medical malpractice lawyers may decide to pursue an appeal process, where the higher court reviews a lower court's decision. This process is time-consuming and requires the participation of experts. However, it's an important step to ensure your case is given a fair hearing.