Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims get compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

Under common law, doctors are required to follow a certain standard of care when treating patients. If a doctor does not adhere to accepted medical practices and results in death or injury, then he could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as being reasonable and prudent when providing healthcare. If the standards aren't followed and the result is injuries or health problems the patient may have grounds to file a medical malpractice law firms malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they were bound to act reasonably. Then, you must show the breach of the obligation occurred. This is usually done by using expert testimony that can provide a objective analysis and evaluation.

This expert witness will help determine whether or not the defendant's actions fell below the accepted standard of care in the particular case. To enable the expert to arrive at this conclusion, they will need to be able review your medical records and conduct an examination or interview with you.

You also need to prove that the breach of duty directly led the injuries. This is known as causation and it is the third element in a malpractice claim. In most cases you will require a direct cause-and- result relationship between the breach of duties and the resulting injury. A misdiagnosis for instance, could lead to the wrong medication being prescribed or treatment being administered. This can result in an adverse reaction such as a heart attack.

Breach of Duty

Like all people, are required by law to fulfill a obligation to conduct themselves with reasonable care and with caution. However, doctors are held to an even higher standard since they are medical experts and deal with life and death decisions. The duty of care is set in the laws and standards that govern specific types of procedures and treatments.

In a negligence case, it is vital to prove that the defendant had an obligation to take care of the plaintiff. It must be established that the defendant breached that duty of care. This means that the doctor failed to meet the standards of care in the particular circumstance. The standard of care is usually determined by what a reasonable individual would do in the same situation. A reasonable driver, for example will not go through at a traffic light.

In a malpractice case, expert witnesses may be required to testify regarding the standard of care that was breached and the manner in which this standard was breached. They can also describe the reason for the injury and what could have been done to avoid 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. To make 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 of compensation you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney will establish medically necessary expenses by examining your medical records, using expert testimony, and collaborating with economic experts. In order to establish your loss of earnings the medical malpractice lawyer must also demonstrate the number of days you were off work due to medical condition and also the fact that these days off work were due to the defendant's negligence.

Non-economic damages can be difficult to prove. You may need the assistance of a professional witness who can detail your physical, mental and emotional pain that is direct result of the defendant's negligence. Loss of consortium is a different type of non-economic injury. This is the inability to enjoy an intimate relationship with your spouse, or any other significant person like you once did. The lawyer representing the defendant will challenge your non-economic damages through the use of interrogatories and depositions and also requests for documents and sworn testimony.

Statute of Limitations

In New York, as with every state, there's a set of time limitations - referred to as statutes or limitations within which a medical negligence lawsuit must be filed, or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who has experience will be well-versed in the specifics of these deadlines and ensure that your claim is filed within the deadlines set forth by law.

In most cases, the victim of medical negligence has to be able to file a lawsuit within two and a half years of the date that the act or omission by medical professionals resulted in the injury or death. As with all laws, this rule has its exceptions. For instance when the error of the health care provider was part of a continuous course of treatment, the 30-month legal "clock" will not start until that course of treatment is completed or until the patient is informed of the diagnosis.

Additionally, in certain instances for instance, when the foreign object remains inside the body after surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. This is why many states have enacted a legal concept called the discovery rule which permits injured victims to extend these deadlines under certain circumstances. Your attorney will be familiar with the laws of your state and will examine the timeline of your case carefully to avoid mistakes in the administration that can derail your claims.