Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In common law, doctors must adhere to the standard of care when treating their patients. If a doctor is not following accepted medical practice and it results in an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as reasonable and prudent when providing care. If those standards are not adhered to and the failure results in injuries or health problems the patient may be able to bring a medical malpractice lawsuit.

The first element in a case of malpractice is to establish that you were a client of the healthcare provider and that they owed you an obligation to act in a reasonable manner. Then, you have to prove that a breach of that obligation occurred. This is usually done using expert testimony that can provide an objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions were below the accepted standard in your particular case. The expert will review your medical records, and then interview or testify against you in order to determine this.

You must be able to show that the breach directly led to your injury. Causation is the third element in a claim for malpractice. In most cases, you'll need a direct cause and result connection between the breach of duty and the resulting injury. For example, a misdiagnosis could result in the wrong treatment or medication being administered and could result in an adverse reaction such as a heart attack.

Breach of Duty

Like all people, are legally bound by a obligation to exercise reasonable care and prudence. Doctors are held to an elevated standard but because they are medical experts and can make life-or-death decisions. The obligation of care can be found in laws and standards for specific types of treatments and procedures.

One of the primary elements to be established in a negligence claim is that the defendant was bound by a duty 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 standards of care in the specific circumstance. The standard of care is usually defined by what an average person would do under the same situation. A reasonable driver, for instance would not use an intersection at a stoplight.

In a malpractice case experts are usually needed to testify about the standard of care and the way in which it was violated. They can also discuss what caused the injury and explain how they could have prevented it.

Damages

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

The amount of compensation received from a successful malpractice case is contingent upon how your New York medical malpractice lawyer presents the case for your losses. Your attorney can establish medically necessary costs by reviewing your medical malpractice lawyers records, utilizing expert testimony, and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days you have missed from work because of medical problems, and proving the reason for these absences resulted from the defendant’s negligence.

Non-economic damages can be harder to prove. You may require assistance from an expert witness who can describe your physical, mental, and emotional distress as an direct result of defendant's negligence. Other types of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or your significant other. The lawyer representing the defendant will challenge your non-economic damages with the help of depositions and interrogatories and requests for documents and sworn declarations.

Statute of limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise the court will decide to dismiss the case. A seasoned New York medical malpractice lawyer is familiar with these nuances and will make sure that your claim is filed within the deadlines established by law.

In the majority of cases, a victim of medical malpractice has to file his or her lawsuit within two and a half years from the date on which the act or omission of a doctor or other health professional caused the injury or death. However, as with all laws there are a few exceptions to this rule. If, for example, the error made by the health professional was part of a continuing course of treatment, the "clock" of 30 months won't start until the course of treatment has been completed or the patient is informed of the diagnosis.

In certain instances it is possible that a patient will not be aware of the issue until quite a while later, for example in the event that a foreign substance is left within the body after surgery or treatment. In this regard, a majority of states have enacted a legal concept called the discovery rule which permits injured victims to extend deadlines in certain instances. Your lawyer will be aware of the specific laws in your state, and will carefully go over the timeline of your case to avoid any administrative errors which could cause delays to your claim.