10 Malpractice Lawsuit Meetups You Should Attend

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

Medical malpractice claims can be among the most difficult and complicated to get. The best New York malpractice attorneys know how to successfully navigate these cases.

Medical malpractice occurs when doctors deviate from the accepted medical practice, causing injury or death. A successful malpractice lawsuit could provide compensation for past and future: medical expenses, lost wages and consortium loss, and the pain and suffering.

Medical Records

Medical records are a critical part of any medical malpractice case. They usually contain a large quantity of information, ranging from initial diagnoses to treatment plans. Typically, these include digital images of the patient, surgical reports, flowsheets from intensive care or operations units, EKG tracings, informed consent forms, and other pertinent documents. These documents can be used by a lawyer to determine whether a doctor's actions were not within the norms of practice, and caused harm.

Many hospitals and healthcare providers are required to supply copies of patients' medical records upon request. If a medical malpractice attorney requests records as part of a potential lawsuit, they might face significant administrative delays. A dedicated and experienced New York City medical malpractice attorney can get the records quickly and efficiently.

A medical malpractice lawsuit must be filed within a certain time frame, which is known as the statute of limitations. In New York, this means that you only have two and one-half years from the date of the law, omission or failure which caused you to pursue a lawsuit.

In the initial stages of a claim for medical malpractice, your lawyer will need as much evidence as possible. This includes all your medical records including the above information, but also hospital invoices, eyewitnesses statements as well as photos of your injuries.

Expert Witnesses

Expert witnesses are often needed in medical malpractice cases. They are usually medical professionals who have the ability to provide an opinion on the situation and whether negligence occurred or not. They are usually called upon to review a case's medical records, and they might also be required to appear in person during the trial.

An expert witness could be a surgeon's assistant, doctor, physician or any other healthcare professional who has extensive educational and practical experience in the medical field. They can assist jurors to understand the complex medical aspects of a claim.

If the testimony of a medical professional is presented in court, it can be a powerful evidence tool to establish that the defendant has violated their duty of care and caused you harm as a result. Experts are required by law to swear to only provide evidence they believe to be authentic. It is essential to only hire experts who can be trusted and who are reliable.

An experienced lawyer who specializes in malpractice cases can evaluate the case and determine whether an expert witness is needed. In certain cases an expert's report may not be required because medical records show that a physician or healthcare worker made an error that led to your injury.

Deposits

A reliable witness can help establish that a medical provider did not meet his or her obligation of care. Your malpractice lawyer may be able locate witnesses like 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 who witnessed it from another location. They can be deposed and can provide valuable information to back your claim.

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

Certain states have caps on the total amount of money that a patient can receive in a medical malpractice suit. Your attorney can explain the implications of this on your case.

While the experience of a medical error may be devastating, thousands of people do 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, expertise and knowledge required to create a solid case for yourself and your loved family members.

Trial

As a result of an error in the prescribing or dispensing of medication, patients can be afflicted with many kinds of injuries. A mistake when administering blood thinners to those at high risk of sustaining strokes could cause death. New York attorneys at Duffy & Duffy can make malpractice lawsuits against doctors, pharmacists and optometrists for knowingly prescribing drugs that cause severe injury.

Even if a medical expert declares that a healthcare professional failed to meet the standard of care, proving the healthcare provider's actions led to the victim's damage isn't easy. A seasoned malpractice lawyer will apply hospital or doctor's policies guidelines, protocols and procedures to build a case that shows the defendant's negligence.

Many medical malpractice lawsuits settle before trial. However, lawsuits a seasoned lawyer should be prepared to take your case to trial if the insurance company refuses to pay a fair settlement amount during pretrial negotiations or a jury verdict is more likely to result in a bigger damages award. A medical malpractice lawyer might decide 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. However, lawsuits it's an important step to make sure your case gets a fair hearing.