Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must observe an ethical standard when treating their patients. If a doctor is found to be in violation of accepted medical malpractice law firms practice and causes injury or death, the doctor could be held liable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards that are accepted by the medical malpractice law firms profession as being reasonable and prudent when they provide care. When those standards are not followed and the result is injury or health complications, a patient may be able to sue for medical malpractice lawsuit.

The initial step of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity was obligated to act reasonably. You then need to prove that the breach occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

This expert witness can help determine whether the defendant's actions are less than the accepted standard in your specific case. In order for the expert to make this decision they must be able to examine your medical records and conduct an examination or interview of you.

It is also necessary to establish that the breach of duty caused you to suffer injuries. This is known as causation, and it is the third element of a negligence claim. In most cases, you'll require a direct cause and effect relationship between the breach of duty and the resulting injury. For example, a misdiagnosis could lead to the wrong treatment or medication being administered and that in turn causes an adverse reaction, such as heart attacks.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to exercise diligence and care. Doctors are held to an elevated standard, however, because they are medical experts and have the authority to make life-or-death decisions. The obligation of care is found in laws and standards governing specific types of treatments and procedures.

One of the first elements that needs to be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be proved that the defendant violated this duty of care. This means that the doctor did not meet the standards of care in this particular situation. The standard of care is typically determined by what a reasonable individual would do in the same situation. A reasonable driver, for instance would not operate an intersection at a stoplight.

In a malpractice case expert witnesses are often needed to testify on the standard of care and the way in which it was violated. They can also provide what caused the injury and suggest ways to have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. In order to make 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 suffering and pain).

The amount of compensation received from a successful malpractice suit is contingent upon the way in which your New York medical malpractice lawyer can argue for your losses. Your lawyer can establish medically essential costs by examining your medical records, utilizing expert testimony and consulting economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days that you missed from work due your medical issues, and the reason for these absences were due to the defendant’s negligence.

Non-economic damages are more difficult to prove. You may require the assistance of a professional witness who can detail your physical, mental and emotional pain as direct result of the defendant's negligence. Loss of consortium is another type of non-economic damage. This is the inability to enjoy a romantic, sexual connection with your spouse, or any other significant person in the same way you once did. The lawyer representing the defendant will contest the non-economic damages you suffer through depositions, interrogatories, and requests for documents and statements under the oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. Otherwise the court could dismiss it. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed prior to the deadlines set by law.

In most cases, victims of medical malpractice has to file his or her lawsuit within two and a half years from the date at which the negligence or act of a healthcare professional resulted in the death or injury. Like all laws, this one is not without exceptions. For instance, if the error by the health professional was part of a continuous course of treatment, the 30-month mandatory "clock" will not start until the course of treatment is complete or the patient learns about the diagnosis.

In some instances the patient may not discover the problem until a long time later for instance when a foreign object is left within the body after surgery or treatment. This is why many states have adopted a legal concept called the discovery rule that permits injured victims to extend these deadlines in certain situations. Your attorney will be aware of specific laws of your state and will review your case timeline to ensure that there are no administrative mistakes which could cause delays to your claim.