Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

In common law, doctors are required to adhere to a certain standard of care when treating patients. If a physician violates accepted medical practices and causes injury or death, they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as reasonable and prudent when providing medical care. A patient might be able to file a lawsuit for medical malpractice if the standards aren't adhered to and the failure causes injuries or health problems.

The first element in a case of malpractice is to establish that you were a client of the healthcare provider and that they were bound to act reasonably. Then, you have to prove that the breach of that obligation occurred. This is usually done the use of expert testimony which can provide an objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions fell not in line with the accepted standards in your particular case. The expert will look over your medical records and interview or cross-check you in order to make this determination.

You must also be able to establish that the breach of duty directly led you to suffer injuries. Causation is the 3rd element in a claim for malpractice. In the majority of cases, you will need to have an immediate cause-and-effect connection between the breach of duty and the subsequent injury. A mistake in diagnosis, for instance, could lead to prescribing the wrong medication or treatment being administered. This could cause an adverse reaction, such as a heart attack.

Breach of Duty

As with all other professionals physicians, doctors are legally bound by an obligation to exercise the utmost care and caution. However, doctors are held to a more stringent standard because they are considered medical experts and deal with life and death decisions. The obligation of care is found in the regulations and laws for specific types of treatments and procedures.

One of the most important elements that must be proven in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. Then, it needs to be proved that the defendant breached that duty of care. This means that the doctor did not adhere to the standard of care in the particular situation. The quality of care is usually determined by what a normal person would do in the same situation. For example the reasonable driver wouldn't run the red light.

In a malpractice lawsuit, expert witnesses may be required to provide evidence on the standard of care violated and the manner in which this standard was violated. They can also describe how the injury occurred and what could be done to stop it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To bring a claim for damages the plaintiff must prove both 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 malpractice suit is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your attorney will be able to prove your medically necessary expenses by examining your medical records, the testimony of experts as well as the assistance of economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the amount of days you were away from work due your medical complications, and that these days resulted from the defendant’s negligence.

Non-economic losses are more difficult to prove, and may require the help of a professional who can give evidence about your physical, emotional, and mental pain because of the negligent actions of the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or significant other. The lawyer for the defendant will attempt to challenge your non-economic losses through interrogatories, depositions, and requests for documents and evidence under oath.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not, the court will dismiss the case. A New York medical malpractice attorney who is knowledgeable will be familiar with the specifics of these deadlines, and will ensure that your claim is filed prior to the deadlines set by law.

In the majority of cases, a victim of medical negligence must file a lawsuit within two-and-ahalf years from the date the act or omission committed by a health care provider resulted in death or injury. Like all laws, this one is not without exceptions. If, for example, the error made by the health care provider was part of a ongoing course of treatment, then the "clock" of 30 months won't start until the treatment has been completed or the patient is informed of the diagnosis.

Additionally, in certain instances such as when a foreign object is left 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. For this reason, most states have enacted a legal concept called the discovery rule that allows injured victims to extend deadlines in certain situations. Your lawyer will be aware of the rules of your state and will examine your case's timeline carefully to avoid administrative mistakes that could impede your claim.