Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must follow a standard of care in treating their patients. If a doctor does not adhere to accepted medical practice and results in injury or death, then he could be held liable 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 when providing care. A patient may be able to file a lawsuit for medical malpractice if these standards aren't met and the result is injuries or health issues.

The first element in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable way. You then need to prove that the breach occurred. This is usually done the use of expert testimony which can provide a objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions fell not in line with the accepted standards in your situation. To allow the expert to make this determination, they will need to be able to examine your medical records and conduct an examination or interview of you.

You must also be able to prove that the breach of duty directly led you to experience injury. Causation is the 3rd element in a claim for malpractice. In most cases, you'll require a direct cause & result relationship between the breach of duty and the resulting injury. A misdiagnosis for instance may result in prescribing the wrong medication or treatment being administered. This could cause an adverse reaction such as a heart attack.

Breach of Duty

Like all people, are required by law to fulfill a duty to act with reasonable care and prudence. However doctors are held to a more stringent standard because they are considered experts in medicine and deal with life and death decisions. The obligation of care is found in the laws and standards that govern specific types of treatment and procedures.

In a negligence case, it is vital to prove that the defendant was bound by a duty to care for the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor did not meet the standard of care in this particular situation. The standard of care is typically determined by what a reasonable person would do in similar circumstances. A reasonable driver, for example, would not run the traffic light.

In a malpractice lawsuit experts may be required to provide evidence on the standard of care that was violated and how this standard was breached. They can also explain how the injury occurred and what could be done to prevent it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to cover any loss that may result due to medical negligence. In order to file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your attorney can establish medically necessary expenses by examining your medical records, utilizing expert testimony and consulting economic experts. In order to establish your loss of earnings Your medical malpractice lawyer has to establish the number of days you were off work due to medical condition and also the fact that these missed work days were due to the defendant's negligence.

Non-economic losses are more difficult to prove, and may require the assistance of a professional who can provide evidence of your physical, emotional, and mental suffering as a result of negligence of the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you once could with your spouse or significant other. The defendant's attorney will challenge your non-economic damages by a process of interrogatories and depositions as well as demands for documents and declarations under swearing.

Statute of Limitations

In New York, as with every state, there are certain time frames - also known as statutes of limitation within which a medical malpractice lawsuit must be filed or else it will be dismissed by the courts. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure that your claim is filed within the deadlines stipulated by law.

In the majority of cases, a victim of medical malpractice law firm negligence has to make a claim within two-and-a-half years from the time the act or omission of the health professional caused death or injury. However, as with all laws there are a few exceptions to this rule. For instance in the event that the error by the health professional was part of an ongoing course of treatment, the 30 month legal "clock" will not start until the course of treatment is completed or the patient learns of the diagnosis.

Additionally, in some cases like when an object that is foreign remains in the body after surgery or treatment, it might not be possible for a patient to realize that there was a problem until much later. Because of this, many states have enacted a legal concept called the discovery rule which permits injured victims to extend these deadlines in certain instances. Your attorney will know the specific rules of your state and carefully examine your case's timeline to avoid administrative errors that can derail your claim.