by Patti GatesHow a Malpractice Lawyer Can Help You File a Medical Malpractice Claim
Medical malpractice cases are among the most complicated and difficult to win. Top New York malpractice attorneys know how to win these cases.
Medical malpractice occurs when doctors deviate from the accepted medical practice, causing injury or death. A successful malpractice case can pay for past and future: medical expenses, lost earnings lost consortium, and the pain and suffering.
Medical Records
Medical records are a critical part of any medical negligence case. Medical records can contain lots of information including initial diagnoses and treatment plans. The majority of them contain digital images of the patient as well as flowsheets, reports of surgery, from operations or intensive care units, EKG tracings, informed consent forms and other pertinent documents. These records can help a malpractice lawyer determine whether the actions of a doctor fell below the standards of care and caused harm.
Many healthcare facilities and hospitals are required by law to provide patients with copies of their own medical records upon request. When a medical malpractice attorney requests records as part of the possibility of a lawsuit, they may experience significant administrative delays. A New York City medical negligence attorney who is dedicated and knowledgeable can get these records quickly.
A medical malpractice case must be filed within a certain time period, also known as the statute of limitations. In New York this means you have only two and a quarter years to file a claim from the date of the incident or omission caused harm to you.
Your lawyer should gather as much evidence in the beginning stages of your medical malpractice case as possible. This includes all of your medical records including the above information and hospital invoices, eyewitnesses’ declarations, and photos of your injuries.
Expert Witnesses
Expert witnesses are usually required in medical malpractice cases. They are usually medical professionals with the ability to provide an opinion about the case and whether negligence took place. They are usually asked to review medical files of a case. They also might be required to give testimony during the trial.
An expert witness can be a surgeon’s assistant, doctor, physician, or any other healthcare worker who has significant educational 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 can be an effective tool to show that the defendant violated their duty of care and caused harm as a result. It is important to understand that medical experts are required to swear an oath that they will only give information they believe to be true. It is crucial to select experts you can trust and are reliable.
An experienced lawyer for malpractice can assess a case to determine whether an expert witness is needed. In some cases, an expert’s testimony may not be necessary since medical records show that a doctor or healthcare worker committed an error that led to your injury.
Deposits
The testimony of a reliable witness can establish that the medical professional failed to fulfill his duty of care. Your malpractice lawyer can identify witnesses, such as nurses or pharmacists who were present in the operating room or who observed the negligent act from another location. These witnesses can be interviewed and can provide valuable information to prove your case.
There are several types of damages that your New York malpractice attorney may recover on your behalf in the event of a successful lawsuit. You can seek to recover your real financial losses such as medical bills and lost wages. Additionally, non-economic damages are available, including suffering and suffering, loss of enjoyment of life, disfigurement and emotional or mental distress.
Certain states have caps on the total amount of money that the patient could receive in a medical malpractice lawsuit. Your attorney can explain the implications of this on your case.
While the experience of a medical error may be traumatic, thousands of people are able to recover compensation from healthcare providers as well as the hospitals or clinics where they work. A New York medical negligence lawyer can provide you with the resources, skills and experience needed to build an impressive case for you and your loved ones.
Trial
Many injuries can result from an error in prescribing or dispensing medication. An error in administering blood thinners for patients at risk of suffering from strokes can cause fatal injury. New York attorneys at Duffy & Duffy can bring malpractice lawyers claims against doctors, pharmacists and optometrists for wrongfully prescribing drugs that lead to severe injuries.
Even after a medical expert affirms that a healthcare provider failed to meet the standard of care, proving the actions of the provider caused the victim’s injury isn’t easy. A skilled attorney for malpractice will rely on hospital or doctors’ policies, protocols, and guidelines to help build an argument that proves the defendant’s incompetence.
Many medical malpractice lawsuits settle before trial. However, a skilled attorney should be ready to take your case to trial if the insurance company refuses to settle for a fair amount during pretrial negotiations or if a jury verdict more likely to result in a bigger damages award. An attorney who is a medical professional could choose to appeal a lower court decision, depending on the strength and merits of your case. This process is time-consuming and requires the participation of experts. It can be a crucial step in ensuring your case is heard with respect.