Medical malpractice is one of the most complex areas of personal injury law, and a Medical malpractice lawyer can help clients prove their claims. In addition to demonstrating that the defendant violated their duty of care, victims must also prove that the violation directly caused injuries, such as wrongful death or severe brain damage. It is difficult for anyone to gather the necessary evidence and go up against large medical institutions, their lawyers, and insurance companies alone, which is why it is important to seek a New York medical malpractice attorney as soon as possible.
A physician who fails to provide an appropriate differential diagnosis process is liable for medical malpractice if that failure causes injury to the patient. This process is typically based on a careful review of the patient’s claimed symptoms and a comparison of those symptoms to the medical history and current condition of the patient. Moreover, the doctor must perform the differential diagnostic process within a reasonable amount of time and without neglecting other duties.
Often, the most common form of medical negligence involves surgeons leaving foreign objects in a patient’s body. These objects can cause serious complications, including infections, blood clots, organ damage, and even wrongful death. In many cases, these mistakes are due to a lack of care by the surgeon during surgery and may result from either anesthesia or surgical errors.
Other common medical malpractice cases involve physicians failing to order the appropriate tests or failure to interpret test results. This can lead to a delay in treatment that could potentially cause the patient to suffer further complications or even death. Additionally, if the patient is suffering from an existing illness, a failure to diagnose that condition may be considered malpractice.
New York law provides a statute of limitations for filing malpractice claims, which is 2.5 years from the date that the mistake was committed. It is essential to hire a New York medical malpractice lawyer as soon as possible to ensure that the statute of limitations does not expire before you are able to file your claim.
After gathering the necessary evidence, a medical malpractice lawsuit typically begins with filing pleadings such as a summons, complaint, or claim form. These documents detail the alleged medical malpractice and demand compensation for damages. Once these pleadings are filed, the plaintiff’s attorney will then begin collecting information and interviewing witnesses. These interviews are known as depositions and take place under oath. These interviews are usually recorded and can later be used as evidence in court.
During the discovery process, a medical malpractice attorney will work with the plaintiff to uncover any information that might be relevant to their case. They will request copies of all available medical records and conduct “on the record” interviews with the alleged malpractice doctors and other witnesses, such as medical experts. These conversations are referred to as depositions and are conducted under the Federal Rules of Civil Procedure or their state counterparts. During these depositions, the victim and the defendant doctor are questioned under oath, and the testimony is recorded for use in court should the case go to trial.
