Why You Need a Medical Malpractice Lawyer

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

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

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as being reasonable and prudent when providing healthcare. If those standards are not followed and if they cause injuries or health issues the patient may be able to file a medical malpractice lawsuit.

The first part of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the person or entity was bound to act with reasonable care. Then, you need to prove that the breach of this duty occurred. This is usually done expert testimony that can provide a objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions are not in line with the accepted standards in your case. The expert will need to look over your medical malpractice lawyers records and interview or examine you to determine this.

You should also be able to establish that the breach of duty caused you to suffer injuries. Causation is the 3rd element in a malpractice claim. In the majority of cases, you'll need a direct cause and effect connection between the breach of duties and the resulting injury. For instance, a wrong diagnosis could lead to the wrong medication or treatment being administered, which could result in an adverse reaction like heart attacks.

Breach of Duty

As with all individuals, have a legal duty to act with reasonable care and caution. However, doctors are held to a more stringent standard because they are medical experts and deal with life and death decisions. The duty of care is outlined in laws and standards for specific types of treatment 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 did not fulfill this obligation of care. This means that the doctor failed to live up to the standard of care applicable to the situation. The standard of care is typically determined by what a reasonable person would do under the circumstances. A reasonable driver, for example would not use the traffic light.

In a case of malpractice experts could be required to provide evidence on the standard of care that was not met and how the standard was breached. They can also discuss how the injury was caused and what could be done to stop it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any loss that may result due to medical negligence. To be able to file a claim the plaintiff must prove both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such suffering and pain).

The amount of compensation you receive in a successful lawsuit depends on how well your New York medical malpractice attorney argues for your losses. Your attorney will establish medically required costs by looking over your medical records, using expert testimony, and consulting economic experts. In order to establish your loss of earnings Your medical malpractice lawyer should also show the number of times you were off work because of your medical complications and the fact that the absences resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may require the assistance of a professional witness who can provide details of your physical, medical Malpractice Lawyer mental and emotional pain that is directly resulting from the defendant's negligence. Other types of non-economic losses include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages through the use of interrogatories, depositions, and requests for documents or sworn statements.

Statute of Limitations

In New York, as with every state, there are specific time limitations - referred to as statutes of limitations within which a medical malpractice lawsuit must be filed or else it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be aware of the specifics of these deadlines and will ensure that your claim is filed before the deadlines specified by law.

In the majority of cases, a victim of medical negligence is required to bring a suit within two and a half years from the date the act or omission committed by the health professional resulted in injury or death. As with all laws, this law is not without exceptions. If, for instance, the error of the health care provider was part of a ongoing treatment plan, then the "clock" of 30 months will not start until the course of treatment has been completed or the patient has been informed of the diagnosis.

In some cases it is possible that a patient will not recognize the problem until a long time 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 enacted the legal concept of discovery rule that allows injured victims to extend these deadlines in certain situations. Your lawyer will be well-versed in the laws of your state and will review the timeline of your case carefully to avoid mistakes in the administration that could cause delays to your claim.