Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help victims receive compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In the common law, doctors must adhere to the highest standards of care when treating their patients. If a doctor deviates from accepted medical practice and it causes an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard that are accepted by the medical profession as being prudent and reasonable when providing healthcare. If the standards aren't met and that failure causes injuries or health issues patients may be able to bring a medical malpractice lawsuit.

The first step in a case of malpractice is to prove that you were a patient of the healthcare provider and that they had a duty to act in a reasonable manner. You must then prove that the breach occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and assessment of the case.

The expert witness will be able to determine if the defendant's actions are in violation of the accepted standard of care in your particular circumstance. To allow the expert to arrive at this conclusion, they will need to be able to examine your medical malpractice law firms records and conduct an examination or interview with you.

You must be able to establish that the breach directly caused your injury. Causation is a third element in a claim for malpractice. In the majority of cases, you will require a direct cause and effect connection between the breach of duty and the subsequent injury. A misdiagnosis for instance can result in the wrong medication being prescribed or treatment being given. This in turn can cause an adverse reaction, such as heart attacks.

Breach of Duty

As with all other professionals, doctors have a legal obligation to act with care and caution. However, doctors are held to an even higher standard because they are considered medical experts and deal with life and death decisions. The obligation of care is defined in the regulations and standards that are situated for specific kinds of treatments and procedures.

In a negligence case it is crucial to prove that the defendant owed an obligation to take care of the plaintiff. It must be proved that the defendant breached that duty of care. This means that the doctor did not live up to the standard of care for the situation. The standard of care is usually determined by what a reasonable person would do in similar circumstances. A reasonable driver, for instance, would not run a traffic light.

In a case of malpractice experts may be required to testify regarding the standard of care that was not met and the manner in which this standard was breached. They can also discuss how the injury occurred and what could have been done to avoid it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. To file a lawsuit, the plaintiff will need to show both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such pain and suffering).

The amount you are awarded from a successful malpractice case depends on how your New York medical malpractice lawyer defends your losses. Your lawyer can determine your medically required expenses through a thorough review of your medical records, evidence from experts and the use of economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days that you missed from work due to medical problems, and proving the reason for these absences resulted from the defendant’s negligence.

Non-economic losses can be more difficult to prove and may require the help of a professional who will testify about your physical, emotional, and mental pain as a result of negligence committed by the defendant. Loss of consortium is a second type of non-economic harm. This is the inability to maintain an intimate, sexual relationship with your spouse or another significant individual as you once did. 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. Otherwise the court could dismiss it. An experienced New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed within the deadlines established by law.

In the majority of cases, a victim of medical malpractice must bring a lawsuit within two and a half years of the date at which the act or omission of a doctor or other health professional caused the injury or death. However like with all laws, there are a few exceptions to this rule. If, for example, the error made by the health professional was part of a continuous course of treatment, then the "clock" of 30 months will not start until the course of treatment is completed or the patient is informed of the diagnosis.

Additionally, in some cases like when an object that is foreign remains in the body after surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. To tackle this issue, the majority of states have embraced the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your lawyer will be aware of the specific rules in your state, and will carefully examine your case's timeline to avoid administrative errors that could delay your claim.