Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims get compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor is not following the accepted medical norms and results in injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being sensible and prudent in providing treatment. A patient might be in a position to file a lawsuit against a medical professional if those standards aren't followed and the breach causes injuries or health issues.

The first step in a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person owed you a duty to act with reasonable care. Then, you must show that the breach of this duty occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the case.

This expert witness will determine if the defendant's actions fell below the accepted standard of care in your particular situation. The expert will need to examine your medical records and Medical Malpractice Lawyer interview or cross-check you to make this determination.

You must also demonstrate that the breach directly led to your injury. Causation is the third factor in a malpractice claim. In the majority of cases, you will require a direct cause and effect connection between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could result in the wrong treatment or medication being administered and that can result in an adverse reaction like heart attacks.

Breach of Duty

As with all other professionals physicians, doctors are legally bound by an obligation to exercise diligence and care. Doctors are held to higher standards due to the fact that they are medical experts and can make life-or-death decisions. The obligation of care can be found in laws and standards for specific types of treatments and procedures.

In a case of negligence it is essential to establish that the defendant had a duty to care for the plaintiff. Then, it has to be proven that the defendant breached that duty of care. This means that the doctor did not live up to the standard of care in the particular situation. The quality of care is usually determined by what a reasonable person would do in the situation. For Medical Malpractice Lawyer example an honest driver wouldn't run when there is a red light.

In a case of negligence, experts are usually needed to testify about the standard of care and the way in which it was violated. They can also describe what caused the injury and explain how they could have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any potential damages that could result from medical negligence. To bring an action for damages the plaintiff must prove both actual financial losses (such as medical malpractice law firms expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney argues for your losses. Your lawyer can prove your medically necessary expenses through a review of your medical records, the testimony of experts as well as the assistance of economic experts. For the loss of your earnings, your medical malpractice lawyer should also show the number of times you were away from work due to medical complications and the fact that these missed work days resulted from the defendant's negligence.

Non-economic damages can be more difficult to prove and may require the help of a professional who will provide evidence of your physical, emotional and mental suffering as a result of negligence committed by the defendant. Loss of consortium is a different type of non-economic harm. It is the inability of having a loving, sexual relationship with your spouse or another significant individual as you used to. The lawyer for the defendant will attempt to challenge your non-economic damages through a process of interrogatories, depositions, and requests for statements and documents under swearing.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. Otherwise the court could dismiss it. A New York medical malpractice attorney who is knowledgeable is well-versed in the nuances of these deadlines, and will ensure that your claim is filed before the deadlines set forth by law.

In the majority of cases, victims of medical malpractice has to file his or her lawsuit within two and a half years of the date that the negligence or act of a healthcare professional caused the injury or death. As with all laws, this rule is not without exceptions. For instance when the error by the health professional was part of a continuous course of treatment, the 30-month statutory "clock" will not start until that course of treatment is completed or when the patient learns of the diagnosis.

In certain instances, a patient may not recognize the problem until quite a while later for instance in the event that a foreign substance is left in the body following surgery or treatment. For this reason, most states have adopted a legal concept called the discovery rule that permits injured victims to extend deadlines under certain circumstances. Your lawyer is aware of the rules of your state and will review your case's timeline carefully to avoid any administrative errors that could impede your claim.