Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients receive compensation for their losses. The common law system governs medical malpractice claims.

In common law, doctors must observe a standard of care in treating their patients. If a doctor is found to be in violation of accepted medical practices and causes injury or death, they may be held responsible for negligence.

Duty of Care

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

The first step in a malpractice case is to establish that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable manner. Then, you have to prove that the breach of this duty occurred. This is typically done with the use of expert testimony who can provide an objective analysis and assessment of the case.

The expert witness will be able to help determine whether or not the defendant's actions fall below the accepted standard of care in your particular situation. 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 show that the breach directly led to your injury. Causation is the 3rd element in a claim for malpractice. In most cases, you'll require a direct cause & effect relationship between the breach of duties and the subsequent injury. A misdiagnosis for instance one, could result in the wrong medication being prescribed or treatment being administered. This can cause an adverse reaction, such as heart attacks.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to exercise care and caution. Doctors are held to an even higher standard, however, because they are medical experts and make life-or-death decisions. The obligation of care is defined in the law and standards which are applicable to specific kinds of treatments and procedures.

One of the most important elements that needs to be established in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant violated this duty of care. This means that the doctor failed to meet the standard of care in the specific circumstance. The standard of care is usually determined by what a reasonable person would do in similar circumstances. For example, a reasonable driver would not speed through an intersection with a red light.

In a malpractice case experts are usually needed to testify about the standards of care and how it was violated. They can also provide the cause of the injury and suggest ways to 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. In order to submit an action for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your attorney can establish the medically necessary expenses by examining your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the amount of days you were away working due to medical complications, and the reason for these absences resulted from the negligence of the defendant.

Non-economic losses can be more difficult to prove and might require the assistance of a professional who can be able to testify about your physical, emotional, and mental distress due to the infractions committed by the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship in the same way you used to with your spouse or significant other. The defendant's lawyer will challenge your non-economic damages in the form of interrogatories and depositions as well as requests for documents and sworn declarations.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. Otherwise the court could dismiss the case. A New York medical malpractice attorney who is experienced will be well-versed in the nuances of these deadlines and ensure that your claim is filed within the deadlines set by law.

In the majority of instances, the victim of medical malpractice has to bring a lawsuit within two and a half years of the date that the negligence or act of a health care provider caused the injury or death. However like all laws, there are a few exceptions to this rule. For instance in the event that the health care provider's error was part of a continuous course of treatment, the 30-month statutory "clock" will not start until the course of treatment is completed or until the patient becomes aware of the diagnosis.

In certain instances patients may not recognize the problem until a long time later for instance, if a foreign body remains in the body following surgery or treatment. To solve this issue, the majority of states have implemented the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your lawyer will be aware of the rules of your state and will go over your case timeline carefully to avoid any administrative errors that could cause delays to your claim.