How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim Medical malpractice claims are among the most difficult and complicated to get. Top New York malpractice attorneys know how to win these cases. Malpractice happens when a doctor is not following accepted medical procedures and causes injury or death. A malpractice lawsuit that is successful may be able to recover compensation for future and past medical expenses, lost wages and consortium in addition to suffering and pain. Medical Records Medical records are an important part of any malpractice case. They usually contain a large quantity of information, ranging from initial diagnoses to treatment plans. They include digital photographs of patients, flowsheets for surgical reports, intensive care units or operations, EKG tracings and other relevant documents. These documents can help a malpractice lawyer determine whether the actions of a physician fell below the standard of care and caused harm. Many healthcare providers and hospitals are required to supply copies of medical records on request. However, when an attorney for medical malpractice requests documents in connection with the possibility of suing an healthcare provider for negligence, they may face significant administrative delays. A New York City medical negligence lawyer who is committed and knowledgeable can get these records quickly. A medical malpractice claim must be filed within a specific 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 lawsuit beginning from the date that the act or omission caused you harm. In the beginning stages of a medical negligence claim the lawyer will require as much evidence as possible. This would include all of your medical documents, including the above information as well as hospital bills, eyewitness accounts and photographs of your injuries. Expert Witnesses Medical malpractice cases often require the involvement of experts as witnesses. They are typically medical professionals who are able to provide a medical opinion about the situation, and whether negligence took place or not. They are frequently asked to review a case's medical records, and they could also be required to testify personally during the trial. An expert witness could 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 help the jury be able to comprehend the medical aspects involved in a claim. When the testimony of a medical expert is presented in court, it could be a powerful evidence tool to prove the defendant breached their duty of care and caused harm in the process. It is important to understand that these experts must take an oath to only provide information that they believe is true. They are liable for wrongful statements that are proven to be false, so it is essential to only employ experts who are trustworthy and reliable. An experienced attorney for malpractice can evaluate a case and determine whether an expert witness is needed. In some instances, the expert's testimony is not necessary because the medical records are clear and show that the physician or healthcare professional made a mistake which led to your injury or illness. Deposits Witness testimony from a credible source can help establish that the medical provider failed to fulfill his or her obligation of care. Your malpractice lawyer may be able find witnesses like pharmacists, nurses, radiology technicians doctors who read test results ambulance attendants, or 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 can be deposed and can provide important 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 could recover your actual financial losses, such as medical bills and lost wages. Non-economic damages are also offered, including suffering and pain, loss of enjoyment of life, disfigurement, and mental or emotional distress. Some states place caps on the amount patients can be awarded in a medical malpractice suit. Your lawyer can explain the effect of this on your case. While the aftermath of a medical mistake can be devastating, a lot of people are able to recover compensation from healthcare providers and the hospitals or clinics where they work. A New York medical negligence lawyer can provide you with the resources, expertise and expertise needed to build an effective case for you and your loved ones. Trial A variety of injuries may result from a mistake in prescribing or dispensing medication. For instance, a mistake in the administration of a blood thinner to patients who are already at risk for strokes can be fatal. Duffy & Duffy, New York lawyers, can file malpractice suits against doctors and pharmacists who prescribe drugs that cause serious injury. Even if a medical expert certifies that a healthcare provider was not in compliance with the standard of health care, proving the healthcare provider's actions are accountable for the victim's injuries is difficult. A seasoned malpractice lawyer will make use of hospital or doctor policies, protocols and guides to build a case that establishes the defendant's negligence. Many medical malpractice lawsuits settle prior to trial. A seasoned attorney will be able to present your case to court if an insurance company does not agree to a fair settlement during negotiations before trial, or if jury verdict would result in a larger damages award. A medical malpractice attorney could decide to appeal a lower court's decision, depending on the merits and importance of your case. The process can be long and requires expert testimony. However, it's an important step to make sure your case is given an honest hearing.