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 adhere to a certain standard of care when treating patients. If a doctor does not adhere to accepted medical practice and it causes an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as being reasonable and prudent when providing care. When those standards are not met and that failure causes injury or health complications the patient could be able to file a Medical malpractice Law firm malpractice lawsuit.

The first thing to do in a case of malpractice is to establish that you were a client of the healthcare provider and that they were bound to act in a reasonable way. Then, you must show that the breach of that obligation occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

This expert witness will help determine whether or not the defendant's actions fall below the standard of care that is accepted in your particular situation. The expert will examine your medical records and interview or cross-check you to make this decision.

You also need to prove that the breach of duty directly led the injury. Causation is the third element in a claim for malpractice. In most cases you will require a direct cause-and- effect relationship between the breach of duties and the resulting injury. For instance, a misdiagnosis could result in the wrong treatment or medication being prescribed and can result in an adverse reaction, like heart attacks.

Breach of Duty

As with all other professionals physicians, doctors are legally bound by an obligation to act with care and prudence. However, doctors are held to an even higher standard because they are considered medical experts and deal with life and death decisions. The obligation of care is defined in the laws and standards that are situated for specific kinds of treatments and procedures.

In a case of negligence it is important to establish that the defendant was bound by a duty to care for the plaintiff. Then, it has to be proved that the defendant violated that duty of care. This means that the doctor did not perform to the required standard of care in the particular situation. The quality of care is usually defined by what an average person would do under similar situations. A reasonable driver, for instance would not use an intersection at a stoplight.

In a malpractice case experts could be required to provide evidence on the standard of care that was not met and how this standard was violated. They can also describe the reason behind the injury and suggest ways to have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to protect against potential losses that might arise from medical negligence. To file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney will argue for your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, using experts' testimony, and consulting economic experts. For the loss of your earnings the medical malpractice lawyer must also prove the number of days you were off work due to your medical issues and the fact that these missed work days were the result of the defendant's negligence.

The non-economic loss can be more difficult to prove, and may require the assistance of a professional who can give evidence about your physical, emotional and mental pain as a result of the infractions committed by the defendant. Loss of consortium is a different type of non-economic damage. It is the inability to have a loving, sexual relationship with your spouse, or any other significant person in the same way you once did. The lawyer representing the defendant will challenge your noneconomic damages by way of interrogatories, depositions, and also requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there are definite deadlines - commonly referred to as statutes of limitation within which a medical malpractice lawsuit must be filed, or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is experienced will be well-versed in the nuances of these deadlines. They will also ensure that your claim is filed prior to the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence must be able to file a lawsuit within two and a half years from the time the act or omission committed by medical professionals caused the death or injury. As with all laws, this rule is not without exceptions. For instance, if the error by the health professional was part of an ongoing course of treatment, the 30-month mandatory "clock" will not begin until the course of treatment is completed or when the patient learns of the diagnosis.

In some cases the patient may not recognize the problem until a long time after, for example the case where a foreign body is left in the body following surgery or treatment. In order to solve this issue, the majority of states have embraced the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will be familiar with the laws of your state and will go over the timeline of your case carefully to avoid mistakes in the administration that could cause delays to your claim.