5 Laws That Will Help The Malpractice Lawsuit Industry

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

Medical malpractice cases are among the most complicated and difficult to get. Top New York malpractice attorneys know how to handle these cases.

Medical malpractice occurs when a doctor departs from accepted medical practices and results in death or injury. A malpractice lawsuit that is successful can provide compensation to cover the past and future medical expenses, lost wages, consortium and pain and suffering.

Medical Records

Medical records are an essential part of any medical malpractice case. They typically contain a deal of information, from initial diagnoses to treatment plans. These records contain digital images of patients surgical reports, flowsheets for intensive care units or operations, EKG tracings and other relevant documents. These documents can help an attorney who is a victim of malpractice determine if the actions of a doctor were not up to 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 is seeking records in connection with an upcoming lawsuit, they may experience significant administrative delays. A New York City medical negligence attorney who is committed and knowledgeable can get these records as quickly as possible.

A medical malpractice case must be filed within a specific time frame, which is known as the statute of limitations. 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 must gather as much evidence as possible in the beginning stages of a medical malpractice case. This includes all your medical records including the information mentioned above along with hospital invoices, eyewitnesses' statements as well as photos of your injuries.

Expert Witnesses

Expert witnesses are typically required in medical malpractice cases. They are typically medical professionals who have the ability to give an opinion about the case and whether or not negligence occurred. They are usually called upon to review a case's medical records, and they could also be required to testify in person at the trial.

A surgeon assistant, nurse doctor, surgeon assistant, or other healthcare worker who has a solid training and experience could be an expert witness. They can assist jurors comprehend the complicated medical aspects of a claim.

If the testimony of a medical professional is presented in court, it can be an effective tool to prove the defendant breached their duty of care and caused you harm in the process. It is important to note that medical experts are required to take an oath of only providing information that they believe is authentic. They are accountable for false claims which are later found to be false, therefore it is important to only employ experts who are reliable and trustworthy.

A skilled malpractice lawyer can assess a case to determine whether an expert witness is needed. In some cases an expert's report may not be required because the medical records clearly show that a healthcare worker committed an error that caused your injury.

Depositions

Witness testimony from a credible source can establish that the medical professional failed to fulfill his or her duty of care. Your malpractice lawyer can identify witnesses, such as nurses or pharmacists who were in the operating room, or who witnessed the negligence from an alternate 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 obtain on your behalf if you file 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, mental or emotional anguish.

Some states cap the amount of money the patient could receive as a result of a medical malpractice suit. Your lawyer can explain the effect of this on your case.

While the consequences of a medical error could be catastrophic, many can recover compensation from the clinics or healthcare providers where they work. A New York medical negligence lawyer can provide you with the resources, expertise and experience needed to build a strong case for you and your loved ones.

Trial

Many injuries can result from a mistake in prescribing or dispensing medication. An error in administering blood thinners to patients who are at risk of suffering from strokes can be fatal. New York attorneys at Duffy & Duffy can assert malpractice claims against doctors, pharmacists and optometrists for knowingly prescribing drugs that cause severe injuries.

Even after a medical professional testifies that a healthcare provider didn't meet the standard of care, proving the actions of the provider caused the victim's damage isn't easy. A skilled malpractice attorney can use hospital or doctor's policies, protocols and guidelines to construct an argument that proves defendant's negligence.

Many medical malpractice cases settle prior to trial. An experienced attorney is able to present your case in the court if the insurance company refuses to settle a fair settlement in negotiations prior to trial, or if a jury verdict could result in a bigger damage award. A medical malpractice attorney may decide to appeal a lower court decision, based on the merits and importance of your case. This process is time-consuming and requires the participation of experts. However, it's an important step to make sure your case gets an impartial hearing.