Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must follow the highest standards of care when treating their patients. If a doctor does not adhere to the accepted medical practices and results in injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as reasonable and prudent in their care. If these standards aren't followed and the result is harm or health issues the patient may be able to file a medical malpractice lawsuit.

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

This expert witness will determine if the defendant's actions fall below the accepted standard of care in your particular case. To allow the expert to make this determination they must be able review your medical records and conduct an examination or interview of you.

You also need to prove that the breach of duty directly caused you to suffer injuries. This is known as causation and it is the third component of a malpractice claim. In most cases, you'll require a direct cause and effect connection between the breach of duties and the subsequent injury. A misdiagnosis for instance can result in prescriptions for the wrong drug or treatment being given. This could cause a negative reaction such as heart attacks.

Breach of Duty

Like all people, are required by law to fulfill a obligation to behave with reasonable care and caution. However, doctors are held to an even higher standard since they are considered experts in medicine who make life and death decisions. The duty of care is found in laws and standards for certain types of treatments and procedures.

One of the primary elements that must be established in a negligence case is that the defendant owed a duty of care to the plaintiff. It must be proven that the defendant violated that duty of care. This means that the doctor failed to live up to the standard of care in the particular situation. The quality of care is usually determined by what a reasonable person would do in similar circumstances. A reasonable driver, for example will not go through a traffic light.

In a lawsuit involving a malpractice, expert witnesses may be needed to testify on the standard of care that was breached and the manner in which this standard was breached. They can also discuss the reason for the injury and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any damages that could result from medical negligence. In order to make a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of money you will receive from a successful malpractice case is contingent upon how your New York medical malpractice lawyer makes the case for your losses. Your attorney can establish medically necessary expenses by examining your medical records, utilizing expert testimony, and collaborating with economic experts. In order to establish your loss of earnings Your medical malpractice lawyer must demonstrate the number of days you missed work due to your medical malpractice law firms (learn this here now) complications and the fact that these days off work were the result of the defendant's negligence.

The non-economic loss can be more difficult to prove and might require the assistance of a professional who can give evidence about your physical, emotional and mental pain because of the negligent actions of the defendant. Loss of consortium is another type of non-economic harm. It is the inability to enjoy an intimate relationship with your spouse or any other significant person as you used to. The lawyer representing the defendant will challenge your non-economic damages through the use of depositions and interrogatories and also requests for documents and sworn statements.

Statute of limitations

In New York, as with every state, there are certain time limits - commonly known as statutes or limitations within which a medical malpractice lawsuit must be filed, or otherwise it could be dismissed by the courts. An experienced New York medical malpractice lawyer is well-versed in these details and will ensure your claim is filed before the deadlines set by law.

In most cases, victims of medical malpractice must present a lawsuit within two and a half years of the date on which the act or omission of a doctor or other health professional resulted in the death or injury. However, as with all laws there are a few exceptions to this rule. For instance when the error made by the health care professional was part of a continuous course of treatment, the 30-month legal "clock" will not begin until the course of treatment is completed or until the patient becomes aware of the diagnosis.

Additionally, in some cases like when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. Because of this, many states have adopted a legal concept called the discovery rule, which allows injured victims to extend these deadlines in certain instances. Your attorney will be aware specific rules in your state and will review your case timeline to avoid administrative errors which could cause delays to your claim.