Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims get compensation for their losses. The common law system governs medical malpractice lawsuits.

According to common law, doctors are expected to follow a certain standard of care when treating patients. If a physician does not follow accepted medical practice and it causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set of standards that are accepted by the medical profession as being reasonable and prudent when they provide healthcare. If the standards aren't followed and if they cause injuries or health problems patients may have grounds to file a medical malpractice lawsuit.

The first step in a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person owed you a duty to act reasonably. You must then prove that the breach occurred. This is usually accomplished by the use of expert testimony which can provide an objective analysis and evaluation.

The expert witness will be able determine if the defendant's actions were below the accepted standard of care in your particular case. The expert will look over your medical records and then interview or testify against you to determine this.

You must be able to prove that the breach directly led to your injury. This is known as causation and it is the third element in a negligence claim. In most cases you will need a direct cause and result connection between the breach of duties and the resulting injury. For instance, a misdiagnosis could result in the wrong medication or treatment being prescribed and results in an adverse reaction, such as a heart attack.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to act with care and caution. However, doctors are held to a higher standard due to the fact that they are medical experts and have to make life and death decisions. The obligation of care is found in laws and standards for certain types of treatments and procedures.

One of the most important elements that must be proven 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 standard of care in the particular situation. The quality of care is usually determined by what a typical person would do under similar circumstances. A reasonable driver, for instance, would not run an intersection at a stoplight.

In a malpractice case experts could be required to provide evidence on the standard of care that was breached and the way in which this standard was breached. They can also explain what caused the accident and what could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such pain and suffering).

The amount you are awarded from a successful malpractice case is contingent on how your New York medical malpractice lawyer can argue for your losses. Your attorney will be able to establish the medically necessary expenses through a thorough review of your medical records, testimony from experts and the use of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the number of days you were absent from work due to medical conditions, and also the fact that these days resulted from the negligence of the defendant.

Non-economic damages can be harder to prove. You may need assistance from an expert witness who can explain your physical, mental, and emotional pain 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 as you once could with your spouse or your significant other. The lawyer for the defendant will contest your non-economic damages with the help of interrogatories, depositions, and requests for documents or sworn statements.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. Otherwise the court will decide to dismiss the case. A New York medical malpractice attorney who is knowledgeable will be familiar with the specifics of these deadlines and ensure that your claim is filed before the deadlines set forth by law.

In the majority of cases, victims of medical malpractice must make a claim within two and a half years from the date that the negligence or act of a health care provider caused the injury or death. 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 a continuous course of treatment, the 30-month mandatory "clock" will not begin until the treatment is completed or until the patient becomes aware of the diagnosis.

In some cases patients may not be aware of the issue until a long time later, for example the case where a foreign body remains within the body after surgery or treatment. To solve this issue, the majority of states have adopted what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will be aware specific rules in your state and will look over your case's timeline in order to avoid any administrative errors that can derail your claim.