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

Medical malpractice law firm cases are among the most complex and difficult to get. Fortunately, the best New York malpractice lawyers know how to handle these cases successfully.

Malpractice occurs when a physician is not following accepted medical procedures and causes injury or death. A successful malpractice suit can pay for future and past medical expenses, lost earnings lost consortium, and pain and suffering.

Medical Records

Medical records are a critical element of any medical malpractice case. Medical records can 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 records can assist a malpractice lawyer determine whether the actions of a physician fell below the norm of care and caused harm.

Many hospitals and healthcare providers are required by law to provide patients with copies of their medical records upon request. However, when a medical malpractice lawyer requests records in the context of the possibility of suing a health care provider for negligence, they may be faced with significant administrative issues. A New York City medical negligence attorney who is committed and knowledgeable can get these records as quickly as possible.

The statute of limitations is a limitation of time within which a medical malpractice claim must be filed. In New York this means you only have two and one quarter years to file a claim from when the act or omission caused you harm.

Your lawyer will need to gather as much evidence as they can in the initial stages of your medical malpractice case. This includes all medical records, including the aforementioned information as well as hospital bills, eyewitness statements as well as photographs of your injuries.

Expert Witnesses

Medical malpractice cases typically require the involvement of expert witnesses. These are usually medical professionals who can offer an opinion on the medical aspect of the case, including whether negligence occurred or not. They are frequently called upon to review a case's medical records, and may be required to testify in person during the trial.

A surgeon assistant, nurse doctor, surgeon assistant, or any other healthcare professional with extensive training and experience could be an expert witness. They can help the jury to understand the complex medical aspects of a case.

When a medical expert's testimony is presented in court, it could be a powerful evidence tool to show that the defendant violated their duty of care and caused you harm in the process. Experts are legally required to swear to only give information they believe is true. It is essential that you select experts who are trustworthy and who are reliable.

An experienced malpractice lawyer will evaluate a case and determine whether an expert witness is required. In certain cases an expert's testimony might not be required because the medical records clearly demonstrate that a doctor or healthcare professional made an error that resulted in your injury.

Deposits

The testimony of a reliable witness can prove that the medical professional failed to meet his or her duty of care. Your malpractice lawyer may be able find witnesses like pharmacists, nurses 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 negligence or who witnessed it from a different location. They are able to be deposed and provide crucial information to support your case.

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

Certain states limit the amount of money that a patient can receive in a medical malpractice lawsuit. Your attorney can explain how this affects your case.

While the consequences of a medical error can be catastrophic, many are able to obtain compensation from the clinics or healthcare providers in which they work. A New York medical malpractice lawyer has the knowledge and resources to present a compelling claim for you and your family.

Trial

As a result of an error in the prescription or dispensing of medication patients can suffer numerous injuries. For instance, a misstep in administering a blood thinner to patients already at risk of suffering strokes could be fatal. Duffy & Duffy, New York lawyers are able to file malpractice suits against doctors and pharmacists who have prescribed drugs that cause serious injury.

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

Many medical malpractice cases settle before trial. An experienced lawyer will be able to present your case to court if the insurance provider is unwilling to accept a reasonable settlement during negotiations prior to trial, or if a jury verdict could result in a bigger damage award. Depending on the quality of your case a medical malpractice lawyer may also decide to pursue an appeal of the case, in which an appeals court will review the decision of a lower court. This process can be time-consuming and requires expert testimony. It is essential to ensure your case receives an honest hearing.