Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer (jejucordelia.com) assists injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

In the common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor does not adhere to the accepted medical practices and causes an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as sensible and prudent in providing care. If these standards aren't met and that failure causes harm or health issues patients may be able to file a medical malpractice lawsuit.

The first part of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity had a legal obligation to act in a reasonable way. Then, you need to prove the breach of the obligation occurred. This is usually done expert testimony that can provide a objective analysis and evaluation.

The expert witness will be able to help determine whether or not the defendant's actions fell below the accepted standard of care in your particular case. In order for 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 demonstrate that the breach directly led to your injury. Causation is a third element in a malpractice lawsuit. In most instances, you'll need to have an immediate cause-and-effect connection between the breach of duty and the subsequent injury. For instance, a misdiagnosis could result in the wrong medication or treatment being prescribed and can result in an adverse reaction such as a heart attack.

Breach of Duty

Physicians, like all other people, have a legal obligation to exercise reasonable care and caution. Doctors are held to an even higher standard but because they are medical experts and have the authority to make life-or-death decisions. The duty of care is outlined in the law and standards which are applicable to specific types of procedures and treatments.

In a case of negligence, it is important to establish that the defendant owed the duty of care for the plaintiff. Then, it needs to be proved that the defendant violated the duty of care. This means that the doctor did not perform to the required standard of care appropriate to the circumstances. The standard of care is usually determined by what a reasonable person would do in similar circumstances. A reasonable driver, for example will not go through an intersection at a stoplight.

In a malpractice case experts may be required to testify regarding the standard of care that was breached and the manner in which this standard was breached. They can also discuss how the injury was caused and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) and non-economic losses (such 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 attorney will establish medically necessary costs by reviewing your medical records, utilizing expert testimony and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days you have missed from work due your medical conditions, and also that these missed days resulted from the defendant’s negligence.

Non-economic damages can be harder to prove. You may need the assistance of an expert witness who can describe your physical, mental, and emotional distress as an direct result of defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship as you once could with your spouse or significant other. The defendant's attorney will challenge your non-economic damages by a process of interrogatories and depositions as well as demands for documents and declarations under oath.

Statute of limitations

In New York, as with every state, there are definite time limitations - referred to as statutes of limitation within which a medical malpractice lawsuit must be filed, or otherwise it will be rejected by the courts. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure that your claim is filed by the deadlines established by law.

In most cases, the victim of medical malpractice attorneys negligence has to bring a suit within two and a half years from the date the act or omission made by a health care provider caused the death or injury. Like all laws, this one is not without exceptions. For instance in the event that the error of the health care provider was part of an ongoing course of treatment, the 30 month legal "clock" will not begin until that course of treatment is completed or the patient is informed of the diagnosis.

Additionally, in certain situations like when an object that is foreign remains in the body after surgery or treatment, it may not be possible for a patient or patient's family to determine that there was a problem until much later. This is why many states have enacted the legal concept of discovery rule that allows injured victims to extend these deadlines in certain instances. Your lawyer will be familiar with the rules of your state and will examine your case timeline carefully to avoid mistakes in the administration that could impede your claim.