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 must adhere to an ethical standard when treating their patients. If a doctor deviates from the accepted medical practices and results in an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as reasonable and prudent in providing care. If the standards aren't adhered to and the failure results in harm or health issues the patient could be able to file a medical malpractice lawsuit.

The initial step of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider in question and that the person or entity was obligated to act with reasonable care. Then, you have to prove the breach of the obligation occurred. This is usually done the use of expert testimony which can provide a objective analysis and evaluation.

This expert witness will be able to help determine whether or not the defendant's actions fall below the accepted standard of care in your particular circumstance. In order for 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 also prove that the breach directly led to your injury. Causation is the third factor in a malpractice lawsuit. In most cases, you will need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. For example, a misdiagnosis could result in the wrong treatment or medication being administered, which can result in an adverse reaction, such as a heart attack.

Breach of Duty

Doctors, just like other individuals, have a legal obligation to conduct themselves with reasonable care and be cautious. However doctors are held to an even more stringent standard because they are considered medical experts and deal with life and death decisions. The obligation of care is found in laws and standards governing specific types of treatment and procedures.

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 did not meet the standard of care in the particular circumstance. The standard of care is usually determined by what a reasonable person would do under the circumstances. For instance the reasonable driver wouldn't run when there is a red light.

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

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To make an action 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 from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your lawyer can establish your medically necessary expenses through a thorough review of your medical records, evidence from experts, and the use of economic experts. For the loss of your earnings the medical malpractice lawyer should also show the number of times you were away from work due to your medical issues and the fact that these absences were due to the defendant's negligence.

Non-economic losses are more difficult to prove and might require the help of a professional who will provide evidence of your physical, emotional and mental pain because of the negligence of the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship as you once could with your spouse or your significant other. The defendant's attorney will challenge your non-economic losses through a process of depositions, interrogatories, and requests for statements and documents under the oath.

Statute of Limitations

In New York, as with every state, there's a set of time frames - also known as statutes of limitations within which a medical malpractice lawsuit must be filed, or otherwise it will be rejected by the courts. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, a victim of medical negligence is required to file a lawsuit within two-and-ahalf years from the time the act or omission made by an health professional caused death or injury. However, as with all laws there are some exceptions to this rule. For instance when the error of the health care provider was part of an ongoing course of treatment, the 30 month legally required "clock" will not begin until the treatment is completed or the patient learns of the diagnosis.

In some instances for instance, when a foreign object is left inside the body after surgery or treatment, it might not be possible for a patient to discover the issue until much later. In this regard, a majority of states have adopted an idea of law known as the discovery rule that allows injured victims to extend these deadlines under certain circumstances. Your attorney will be aware of the rules of your state and will go over the timeline of your case carefully to avoid mistakes in the administration which could delay your claims.