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

Medical malpractice claims can be among the most difficult and complicated to win. Fortunately, the top New York malpractice lawyers know how to navigate these cases successfully.

Medical malpractice occurs when a doctor breaks from accepted medical practice and results in death or injury. A malpractice lawsuit that is successful will be able to recover compensation for past and future medical expenses, lost wages and consortium, as well as pain and suffering.

Medical Records

Medical records are an important component of any malpractice case. They often contain a amount of information, ranging from initial diagnoses to treatment plans. Typically, these include 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 relevant documents. These records can be used by lawyers to determine if a doctor's actions fell below the standards of practice and caused harm.

Many healthcare providers and hospitals are required to supply copies of patients' medical records on request. However, if medical belding malpractice attorney lawyers request records in the context of the possibility of suing the health care provider for negligence, they could face significant administrative delays. A skilled and dedicated New York City medical malpractice attorney can work to obtain these records quickly and efficiently.

The statute of limitations is a time period within which a medical malpractice claim must be filed. In New York, this means that you only have two and two and a half years from date of the law or error that caused you harm to bring a lawsuit.

Your lawyer should collect as much evidence as possible during the beginning stages of your medical malpractice claim. This includes all of your medical records including the information above, but also hospital invoices, eyewitnesses' declarations and photographs of your injuries.

Expert Witnesses

Medical malpractice cases usually require the use of expert 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 often called upon to look over the medical records of a case, and they may also be required to testify in person at the trial.

A nurse, surgeon assistant physician, doctor or other healthcare worker with extensive training and experience could be an expert witness. They can assist jurors understand complex medical aspects in a case.

A medical expert's testimony can be an effective tool for showing that the defendant acted in violation of their duty to care and caused you harm. These experts are required by law to swear to only provide information they believe to be true. It is essential to only work with experts who can be trusted and who are reliable.

An experienced malpractice lawyer can assess a case to determine whether an expert witness is needed. In some cases, an expert's testimony is not needed because the medical records are clear and show that the doctor or healthcare professional made a mistake whica healthcare professional did not meet the standards of care, proving the provider's actions caused the victim's injuries isn't easy. A skilled malpractice lawyer can use hospital or doctor policies guidelines, protocols and procedures to present a case which shows the defendant's negligence.

Many medical malpractice lawsuits settle before trial. However, a knowledgeable attorney should be ready to take your case to trial when the insurance company is refusing to settle for a fair amount in the course of negotiations prior to trial or if a jury verdict is more likely to result in a larger damage award. Based on the quality of your case an attorney for medical malpractice may decide to file an appeal process, where an appeals court will review the lower court's decision. This procedure is lengthy and requires the participation of expert witnesses. However, it's an important step to make sure your case gets a fair hearing.