Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims get compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor does not adhere to the accepted medical standard and results in a death or injury the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as being reasonable and prudent in providing care. Patients may be in a position to file a lawsuit for medical malpractice if the standards aren't followed and the breach causes injuries or health issues.

The first thing to do in a malpractice case is to establish that you were a patient of the healthcare provider and Medical malpractice that they had a duty to act in a reasonable manner. You then need to prove that the breach occurred. This is usually done through the use of expert testimony who can provide an objective analysis and assessment of the situation.

The expert witness will be able to determine if the defendant's actions were below the standard of care that is accepted in your particular circumstance. To allow the expert to make this decision, they will need to be able to review your medical records and conduct an examination or interview of you.

You also need to establish that the breach of duty directly caused you to experience injury. Causation is the third factor in a malpractice lawsuit. In the majority of cases, you will require a direct cause & result connection between the breach of duty and the resulting injury. A misdiagnosis, for instance can result in the wrong medication being prescribed or treatment being administered. This could cause an adverse reaction such as heart attacks.

Breach of Duty

Like all doctors physicians, doctors are legally bound by an obligation to act with the utmost care and caution. Doctors are held to an even higher standard but because they are medical experts who make life-or-death decisions. The duty of care is set in the law and standards that govern specific kinds of treatments and procedures.

One of the first things that needs to be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant breached this duty of care. This means that the doctor failed to meet the standard of care in the particular situation. The standard of care is usually determined by what a reasonable person would do in similar circumstances. For example the reasonable driver would not speed through an intersection with a red light.

In a case of malpractice experts may be needed to testify on the standard of care violated and how the standard was breached. They can also discuss the reason for the accident and what could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. In order to file an action for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation received from a successful malpractice case is contingent on the way in which your New York medical malpractice lawyer makes the case for your losses. Your lawyer can establish medically essential costs by examining your medical malpractice law firm records, using expert testimony, and collaborating with economic experts. For your loss of earnings the medical malpractice lawyer should also demonstrate the number of days you were absent from work due to your medical condition and also the fact that these absences resulted from the defendant's negligence.

Non-economic losses are more difficult to prove and might require the assistance of a professional who can provide evidence of your physical, emotional and mental distress as a result of negligence committed by the defendant. Loss of consortium is a different type of non-economic injury. It is the inability to enjoy a loving, sexual relationship with your spouse or another significant person like you once did. The attorney representing the defendant will challenge your non-economic losses 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 case can be filed. If not the court will not dismiss the case. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will ensure your claim is filed by the deadlines established by law.

In most cases, a victim of medical malpractice must bring a lawsuit within two and a half years of the date when the negligence or act of a doctor or other health professional resulted in the death or injury. As with all laws this law is not without exceptions. If, for instance, the error committed by the health care provider was part of a continuing treatment plan, then the "clock" of 30 months will not begin until the treatment is completed or the patient is informed of the diagnosis.

Additionally, in certain situations for instance, when an object that is foreign remains within the body following surgery or treatment, it might not be possible for a patient's to recognize that there was a problem until much later. To solve this issue, the majority of states have adopted the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will be aware of the rules of your state and will go over your case's timeline carefully to avoid any administrative errors that can derail your claims.