Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to adhere to a certain standard of care when treating patients. If a doctor is found to be in violation of accepted medical malpractice lawyers procedures and results in injury or death, they could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as reasonable and prudent in providing care. If these standards aren't followed and Medical Malpractice the result is injuries or health issues the patient could have grounds to file a medical malpractice lawsuit.

The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question and that the person or entity had a legal obligation to act with reasonable care. Then, you must show that a breach of that duty occurred. This is typically done with the use of expert testimony who can provide an objective analysis and Medical malpractice evaluation of the case.

The expert witness will be able help determine whether or not the defendant's actions fall below the accepted standard of care in your particular situation. To enable the expert to determine this they must be able to look over your medical records and conduct an examination or interview with you.

You must be able to prove that the breach directly caused your injury. This is known as causation, and it is the third element of a malpractice claim. In most instances, you'll need to have an obvious cause-and effect relationship between the breach of duty and the resulting injury. A misdiagnosis, for instance one, could result in the wrong medication being prescribed or treatment being given. This in turn can result in an adverse reaction such as a heart attack.

Breach of Duty

Physicians, like all other people, are legally bound by a obligation to conduct themselves with reasonable care and with caution. Doctors are held to an even higher standard due to the fact that they are medical experts and make life-or-death decisions. The obligation of care is outlined in the laws and standards that govern specific types of treatment and procedures.

One of the first things that must be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor failed to meet the standard of care in this particular situation. The quality of care is usually determined by what an ordinary person would do in the same circumstances. For example an honest driver wouldn't run the red light.

In a case of malpractice expert witnesses could be required to testify about the standard of care that was breached and how this standard was breached. They can also explain the cause of the injury and what could have been done to prevent it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect against potential losses that might arise from medical negligence. To make an action for damages the plaintiff must prove 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 receive in a successful lawsuit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney will establish medically required costs by looking over your medical records, using expert testimony and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days that you missed working due to medical conditions, and also the reason for these absences resulted from the defendant’s negligence.

Non-economic losses 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 the negligence committed by the defendant. Loss in consortium is another kind of non-economic loss. It is the inability of having a romantic, sexual connection with your spouse, or any other significant person in the same way you used to. The lawyer representing the defendant may challenge your non-economic damages in the form of interrogatories, depositions, as well as requests for documents and sworn testimony.

Statute of Limitations

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

In the majority of cases, the victim of medical negligence must be able to file a lawsuit within two and a half years of the date that the act or omission by a health care provider resulted in death or injury. However, as with all laws, there are a few exceptions to this rule. For instance in the event that the error made by the health care professional was part of a continuous course of treatment, the 30 month statutory "clock" will not begin until the course of treatment is completed or when the patient learns about the diagnosis.

In some cases the patient may not recognize the problem until a considerable time later, for example the case where a foreign body remains within the body after surgery or treatment. In order to tackle this issue, the majority of states have embraced the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer is familiar with the rules of your state and will examine the timeline of your case carefully to avoid administrative errors that can derail your claims.