Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are required to adhere to an ethical standard when treating their patients. If a doctor is not following the accepted medical standard and results in 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 reasonable and prudent in providing medical care. A patient could be legally able to bring a lawsuit for medical malpractice if these standards aren't met and the failure results in injuries or health problems.

The first element of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question, and that the entity or person was obligated to act with reasonable care. Then, you must show that the breach of this obligation occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.

The expert witness will help determine if the defendant's actions were not in line with the accepted standards in your situation. The expert will need to examine your medical records and also interview or question you in order to arrive at this conclusion.

You must also show that the breach directly caused your injury. Causation is the third element in a malpractice claim. In most instances, you'll need to have an exact cause-and-effect link between the breach of duty and the resulting injury. A mistake in diagnosis, for instance may result in the wrong medication being prescribed or treatment being given. This in turn can cause an adverse reaction, such as a heart attack.

Breach of Duty

As with all people, are required by law to fulfill a duty to act with reasonable care and be cautious. Doctors are held to higher standards due to the fact that they are medical experts and make life-or-death decisions. The obligation of care is outlined in laws and standards governing certain types of treatments and procedures.

One of the most important elements to be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. It must be established that the defendant breached this duty of care. This means that the doctor failed to meet the standard of care in the particular circumstance. The standard of care is usually determined by what a reasonable individual would do under the circumstances. For example an honest driver would not run an intersection with a red light.

In a case of malpractice, expert witnesses may be required to provide evidence on the standard of care that was breached and how the standard was violated. They can also discuss the reason behind the accident and what could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential losses that may arise from medical negligence. In order to file a claim for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your lawyer will establish the medically necessary expenses through a review of your medical malpractice law firm records, testimony from experts and the use of economic experts. For your loss of earnings Your medical malpractice lawyer has to show the number of times you were away from work due to medical issues and the fact that these days off work were due to the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need assistance from a professional witness who can detail your physical, mental, and emotional distress as a direct result of the defendant's negligence. Loss of consortium is another kind of non-economic loss. This is the inability to have a romantic, sexual connection with your spouse or another significant person as you used to. The defendant's attorney will challenge your non-economic damages by a process of interrogatories, depositions and demands for documents and declarations under oath.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. If not, the court will dismiss the case. A New York medical malpractice attorney who has experience is well-versed in the specifics of these deadlines and will ensure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence must file a lawsuit within two-and-ahalf years from the date the act or omission by a health care provider resulted in death or injury. Like all laws, this rule has its exceptions. If, for instance, the error of the health care provider was part of a ongoing course of treatment, the "clock" of 30 months will not begin until the course of treatment has been completed or the patient has been informed of the diagnosis.

In some instances, such as when an object that is foreign remains within the body following surgery or treatment, it may not be possible for a patient to realize that there was a problem until much later. In order to deal with this issue, a majority of states have adopted the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will be aware of specific rules of your state and will carefully examine your case's timeline to ensure that there are no administrative mistakes that can derail your claim.