Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured patients receive compensation for their losses. The common law system governs medical malpractice lawsuits.

According to common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor is not following 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 must follow a set of standards accepted by the medical industry as reasonable and prudent when providing care. If these standards aren't followed and the result is harm or health issues the patient could be able to bring a medical malpractice lawsuit.

The initial step of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider at issue and that the entity or person 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 were below the accepted standard in your particular case. To enable the expert to make this determination, they will need to be able to look over your medical records and conduct an examination or interview of you.

You also need to establish that the breach of duty directly led you to experience injuries. Causation is the third element in a malpractice lawsuit. In the majority of cases, you'll require a direct cause and result connection between the breach of duty and the subsequent injury. For example, a misdiagnosis could result in the wrong treatment or medication being administered and in turn causes an adverse reaction like heart attacks.

Breach of Duty

Doctors, just like other people, are required by law to fulfill a duty to act with reasonable care and prudence. Doctors are held to an elevated standard, however, because they are medical experts and medical malpractice make life-or-death decisions. The obligation of care is defined in the laws and standards that apply to certain types of treatments and procedures.

In a negligence case it is essential to establish that the defendant was bound by an obligation to take care of the plaintiff. It must be proved that the defendant breached this duty of care. This means that the doctor failed to live up to the standard of care for the situation. The standard of care is typically determined by what a reasonable person would do in the same situation. For example, a prudent driver would not run when there is a red light.

In a case of malpractice, expert witnesses may be needed to testify on the standard of care that was not met and how the standard was breached. They can also explain the reason for the injury and suggest ways to have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. In order to submit a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of compensation you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your lawyer can establish medically essential costs by examining your medical records, using expert testimony and consulting economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days you have missed working due to medical problems, and proving the reason for these absences were a result of the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may require the assistance of an expert witness who can provide details of your physical, mental and emotional suffering as an direct result of defendant's negligence. Loss of consortium is a second type of non-economic harm. This is the inability to enjoy a loving, sexual relationship with your spouse or other significant person as you once did. The lawyer representing the defendant may challenge your non-economic damages with the help of interrogatories, depositions, and also requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there are definite deadlines - commonly referred to as statutes or limitations within which a medical negligence lawsuit must be filed otherwise it will be rejected by the courts. A New York medical malpractice attorney who is knowledgeable will be familiar with the specifics of these deadlines and ensure that your claim is filed prior to the deadlines specified by law.

In most cases, victims of medical malpractice must present a lawsuit within two and a half years of the date that the negligence or act of a doctor or other health professional resulted in the death or injury. However like with all laws there are some exceptions to this rule. If, for instance the error made by the health care provider was part of a continuous course of treatment, the "clock" of 30 months won't start until the treatment is completed or the patient has been informed of the diagnosis.

In some instances like when an object that is foreign remains in the body following surgery or treatment, it may not be possible for a patient to realize the issue until much later. For this reason, most states have enacted the legal concept of discovery rule which permits injured victims to extend deadlines under certain circumstances. Your attorney will know the specific laws of your state and will carefully go over the timeline of your case to ensure that there are no administrative mistakes that can derail your claim.