A Medical Malpractice Attorney Can Help

Medical malpractice occurs when a doctor departs from the accepted medical standard and the patient suffers injury. Injured patients may be able to claim out-of pocket costs including lost earnings and general damages, such as pain and discomfort.

To bring a lawsuit for medical malpractice, you need to establish that the health care professional violated your legal rights. This requires a thorough investigation and expert testimony.

Duty of Care

Doctors nurses, doctors and other health care professionals are trained extensively and must pass strict licensing requirements that allow for treatment of a wide variety of illnesses. However, even the most skilled medical professionals are not immune to mistakes. When mistakes cause life-threatening consequences, they should be held accountable for their negligence. If that happens, victims can turn to an experienced New York medical malpractice attorney with a track record of success.

A successful medical malpractice claim requires four elements: (1) the existence an established relationship between a doctor and patient; (2) the failure of the physician to adhere to accepted standards of their profession; (3) the causal link between the breach and the injury suffered by the patient; (4) damages.

In the United States medical malpractice cases are handled by state trial courts. There are exceptions when the case is involving a federal institution such as a Veterans' Administration clinic or university medical school, or a doctor in the military hospital.

To prove the existence of a doctor-patient relationship Medical malpractice lawyers will use all medical records to prove the nature of the relationship and the treatment you received from that doctor. The lawyer will also hold depositions with the physician and other healthcare professionals involved. Depositions as permanent records taken under oath, can be used to disprove any assertions made by the doctor their actions did not constitute medical malpractice.

Breach of Duty

The duty of care is a frequent concept that is used in a variety of types of legal cases. The duty of care is a recurring concept that can be found in many kinds of legal cases.

In a malpractice lawsuit the person who has been injured must show that a doctor or another healthcare professional violated their duty of care. This requires proving that the defendant did not adhere to the standard level of competence and care the medical professional would have applied in that situation. It can be difficult to prove, as expert testimony is usually required to clarify the specifics of medical practice.

In most cases, injuries are required to prove an infraction of duty. The basis of a malpractice claim is to prove that the defendant's actions led to the injury. If a doctor has acted negligently, then they must have done so in such a way that they cause injury to the patient. A common example of this kind of negligence is a car accident where the person injured must prove that the driver acted in a negligent manner by speeding through an intersection with a red light. An experienced attorney can assist victims of injuries in determining if they have a valid malpractice claim and represent the victim throughout the process.

Damages

Medical malpractice attorneys work to recuperate the damages suffered by patients due to poor medical treatment. Those damages can include many different financial damages, including past and future medical bills, income loss as well as suffering and pain. These damages can also include non-economic costs such as a loss of quality of life and loss of enjoyment of activities prior to when the malpractice took place.

Physicians who practice in the United States must carry malpractice insurance to ensure they are able to pay for their negligence in the event they are accused of medical negligence by patients injured due to their careless or reckless actions. Even with the most comprehensive insurance, doctors could still be sued for malpractice if negligence in treating patients.

A physician's liability for malpractice varies based on many factors, most importantly whether or not they breached the standard of care and that their negligence directly resulted in injuries. This is why it's essential to have a skilled medical malpractice lawyer on your side. They can examine your case and assist you decide if you should pursue legal action.

Contact an experienced New York medical malpractice attorney to discuss your options in the event that you have suffered injuries as a result of an error in medicine. The dedicated medical malpractice team at Snyder Sarno D'Aniello Maceri & da Costa LLC has successfully recovered seven-figure verdicts and settlements for their clients and can offer the legal representation you require and are entitled to.

Statute of limitations

There are many states that have statutes that limit the period in which a patient may make a claim for medical negligence. This permits patients to make claims before their memories fade and the evidence becomes difficult to get. In New York, for example patients have a period of 30 months in which to file a lawsuit for malpractice. If the case involves a foreign object left in the body, or an alleged failure to diagnose cancer, the time frame could be extended depending on laws of the state.

The statute of limitations begins when the person who was injured realizes that they was injured as a result of medical malpractice. However, many medical issues do not show up immediately and can take months or even years to be apparent. This is the reason that most states use the rule of discovery, which allows the time limit to begin when an injury could have reasonably been recognized.

For minors, this means that the two and a half year limitation does not start until they turn 18. Certain states, like New York, also recognize the "infancy doctrine" that extends the timeframe to 10 years.

Other exceptions could also be applicable according to state law. In particular, during the COVID-19 epidemic, many statutes of limitations were tolled. If you or a loved one has been the victim of medical malpractice, contact an experienced attorney immediately to discuss your legal options.