Why You Need a Medical Malpractice Lawyer

A medical malpractice lawsuits malpractice attorney helps injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor deviates from accepted medical practice and it causes an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are expected to adhere to a set of standards that are accepted by the medical malpractice attorneys profession as reasonable and prudent when providing healthcare. If those standards are not adhered to and the failure results in injuries or health issues the patient may be able to sue for medical malpractice lawsuit.

The first thing to do in a malpractice case is to prove that you were a patient of the healthcare provider and that they owed you a duty to act in a fair manner. The next step is to prove that the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

The expert witness will help determine whether or not the defendant's actions were below the standard of care that is accepted in your particular circumstance. The expert will look over your medical records and then interview or testify against you to make this determination.

You must be able to prove that the breach directly led to your injury. Causation is the third factor in a claim for malpractice. In the majority of cases, you will need a direct cause and medical malpractice lawsuit result connection between the breach of duties and the resulting injury. A misdiagnosis for instance one, could result in prescribing the wrong medicine or treatment being administered. This could cause an adverse reaction such as a heart attack.

Breach of Duty

Like all individuals, have a legal obligation to behave with reasonable care and prudence. Doctors are held to higher standards due to the fact that they are medical experts and have the authority to make life-or-death decisions. The obligation of care is found in laws and standards governing specific types of treatment and procedures.

One of the first elements that needs to be established in a negligence case is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant breached this obligation of care. This means that the doctor did not live up to the standard of care for the situation. The standard of care is typically defined by what an average person would do in similar situations. For instance the reasonable driver would not speed through a red light.

In a malpractice case, experts are usually needed to testify regarding the standard of care and the way in which it was violated. They can also explain the reason behind the injury and explain how they could have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To submit a claim for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount you are awarded from a successful malpractice lawsuit is contingent upon how your New York medical malpractice lawyer makes the case for your losses. Your attorney can establish medically required costs by looking over your medical records, utilizing expert testimony, and collaborating with economic experts. For your loss of earnings your medical malpractice lawyer should also demonstrate the number of days you were away from work due to your medical complications and the fact that these absences were the result of the defendant's negligence.

Non-economic losses are more difficult to prove and might require the assistance of a professional who can testify about your physical, emotional and mental pain as a result of the negligence committed by the defendant. Other types of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or your significant other. The lawyer for the defendant will attempt to challenge your non-economic damages through a process of interrogatories, depositions and requests for documents and evidence under swearing.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise the court could dismiss it. A seasoned New York medical malpractice lawyer is well-versed in these details and will ensure that your case is filed prior to the deadlines that are set by law.

In most instances, the victim of medical malpractice must bring a lawsuit within two and a half years of the date that the act or omission of a health care provider caused the injury or death. As with all laws this one is not without exceptions. If, for example, the error committed by the health care provider was part of a continuous course of treatment, the "clock" of 30 months cannot begin until the course of treatment has been completed or the patient has been informed of the diagnosis.

In some instances for instance, when an object that is foreign remains within the body following surgery or treatment, it may not be possible for a patient to discover the issue until much later. Because of this, many states have enacted an idea of law known as the discovery rule, which allows injured victims to extend these deadlines in certain instances. Your lawyer will be aware of the specific laws in your state, and will carefully review your case timeline to avoid administrative errors that could delay your claim.