Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor is found to be in violation of accepted medical practices and causes injury or death, then he could be held liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as sensible and prudent in providing treatment. If those standards are not adhered to and the failure results in harm or health issues, a patient may be able to sue for medical malpractice lawsuit.

The first part of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question and that the person or entity had a legal obligation to act in a reasonable manner. Then, you need to prove that the breach of that obligation occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the case.

This expert witness can help determine whether the defendant's actions were below the accepted standard in your specific case. To enable the expert to determine this they must be able to review your medical records and conduct an examination or interview with you.

You must be able to establish that the breach directly led to your injury. This is known as causation and it is the third component of a malpractice claim. In most cases you will require a direct cause-and- effect connection between the breach of duties and the subsequent injury. A misdiagnosis, for instance, could lead to the wrong medication being prescribed or treatment being given. This can cause an adverse reaction such as heart attacks.

Breach of Duty

As with all other professionals physicians, doctors are legally bound by an obligation to exercise care and prudence. However, doctors are held to an even more stringent standard because they are medical experts and have to make life and death decisions. The duty of care is found in laws and standards governing specific kinds of treatments and procedures.

One of the first things that must be proven in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor did not meet the standards of care for the situation. The standard of care is typically determined by what a reasonable individual would do in the situation. A reasonable driver, for example, would not run the traffic light.

In a case of malpractice experts may be required to provide evidence on the standard of care that was not met and the way in which this standard was breached. They can also provide the cause of the accident and what could have prevented 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. In order to file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) and non-economic losses (such 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 the medically necessary expenses by examining your medical records, the testimony of experts and the assistance of economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days you were absent from work because of medical problems, and proving the reason for these absences were the result of the defendant’s negligence.

Non-economic damages are more difficult to prove. You may need assistance from a professional witness who can describe your physical, mental, and emotional distress as directly resulting from the defendant's negligence. Loss of consortium is another type of non-economic harm. This is the inability to maintain a romantic, sexual connection 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 interrogatories and depositions as well as requests for documents and sworn testimony.

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. If not the court could dismiss it. A New York medical malpractice attorney who is experienced is well-versed in the nuances of these deadlines and ensure that your claim is filed before the deadlines set forth by law.

In the majority of cases, the victim of medical negligence is required to make a claim within two-and-a-half years from the time the act or omission committed by the health professional caused the death or injury. Like all laws, this one is not without exceptions. If, for instance, the error committed by the health professional was a part of a continual treatment plan, then the "clock" of 30 months will not begin until the course of treatment is completed or the patient is informed of the diagnosis.

In some instances it is possible that a patient will not discover the problem until quite a while later, for example in the event that a foreign substance is left within the body after surgery or treatment. To deal with this issue, a majority of states have embraced the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your lawyer will be familiar with the laws of your state and will go over your case timeline carefully to avoid mistakes in the administration that could impede your claim.