How a Malpractice Lawyer Can Help You File a Medical Malpractice Claim Medical malpractice claims are among the most complicated and difficult to prevail. Fortunately, top New York malpractice lawyers know how to handle these cases successfully. Medical malpractice occurs when a doctor breaks from accepted medical practice and causes injury or even death. A successful malpractice lawsuit could provide compensation for the past and future medical expenses, lost wages, loss of consortium, and pain and suffering. Medical Records Medical records are an essential element in any malpractice case. Medical records can include a lot of information including initial diagnoses and treatment plans. The majority of them contain digital images of the patient and their surgical reports, flowsheets 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 were not up to the standard of care and caused harm. Many healthcare facilities and hospitals are legally required to provide patients with copies of their medical records upon request. However, when a medical malpractice lawyer requests records in the context of a potential lawsuit against the health care provider for negligence, they may be faced with significant administrative issues. A dedicated and experienced New York City medical malpractice attorney can work to obtain the records quickly and efficiently. A medical malpractice case must be filed within a specific time period, also known as the statute of limitations. In New York this means you have two and a quarter years to file a lawsuit beginning from the date the act or omission caused you harm. In the beginning stages of a claim for medical malpractice, your lawyer will need as much evidence as is possible. This would include all of your medical records, including the aforementioned information and hospital bills, eyewitness statements, and photographs of your injuries. Expert Witnesses Medical malpractice cases usually require the involvement of experts as witnesses. They are typically medical professionals who have the capacity to give an opinion regarding the case and whether negligence took place. They are frequently asked to look over the medical records of a case and may be required to testify during the trial. A nurse, surgeon assistant doctor, surgeon assistant, or any other healthcare professional with a high level of education and practical experience can be an expert witness. Expert witnesses can help explain the complicated medical aspects of a case so that the jury can better comprehend their role. When the testimony of a medical expert is presented in court, it can be a powerful tool to establish that the defendant has violated their duty of care and caused harm as a result. They are required by law to swear to only present evidence they believe to be true. It is crucial to choose experts you can trust and reliable. An experienced malpractice lawyer can review a case and determine whether an expert witness is needed. In certain cases, the expert's testimony is not necessary because the medical documents are clear and prove that the physician or healthcare worker made a mistake that led to your injury or illness. Depositions Having reliable witness testimony can help establish that the medical professional failed to perform his 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 witnesses from a different location. They can be deposed, and provide valuable information to help you prove your claim. 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, such as medical bills and lost wages. Additionally, non-economic damages are accessible, such as the loss of enjoyment of life, disfigurement, and emotional or mental distress. Certain states impose caps on the amount a patient can receive in a medical negligence lawsuit. Your attorney will explain the impact of this on your case. While the experience of a medical error may be devastating, thousands of people are able to recover compensation from healthcare providers and the clinics or hospitals where they work. A New York medical malpractice lawyer can provide the skills, resources and experience necessary to build a strong claim for you and your family. Trial In the event of an error in the prescribing or dispensing of medication patients can suffer numerous injuries. An error in administering blood thinners to patients who are at risk of suffering from strokes can cause death. New York attorneys at Duffy & Duffy can assert malpractice lawsuits against pharmacists, doctors, and optometrists for knowingly prescribing drugs that cause severe injury. Even if a medical professional certifies that a healthcare provider didn't meet the requirements of health care, proving that the provider's actions are accountable for the victim's injuries is difficult. A competent malpractice lawyer can rely on the hospital or doctor's policies, protocols and guidelines to create an argument that proves defendant's negligence. Many medical malpractice lawsuits settle before trial. However, a knowledgeable lawyer should be prepared to take your case to trial when the insurance company is refusing to settle a fair settlement amount during pretrial negotiations or if a jury's verdict is more likely to result in a higher damages award. Based on the quality of your case a medical malpractice lawyer may decide to pursue an appeal process, where an upper court reviews the decision of a lower court. The process can be lengthy and requires the participation of expert witnesses. It is an essential step to ensure that your case is heard in a fair manner.