Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps victims get compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

Under common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor does not adhere to accepted medical practices and results in injury or death, they could be held liable for negligence.

Duty of Care

Medical professionals must follow a set of standards accepted by the medical malpractice lawyers industry as being reasonable and prudent in providing medical healthcare. A patient could be in a position to file a lawsuit for medical malpractice if the standards aren't being met and the failure causes injuries or health problems.

The first element in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they owed you an obligation to act in a reasonable way. You must then prove the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and evaluation of the situation.

This expert witness can help determine whether the defendant's actions fell below the accepted standard in your specific case. The expert will look over your medical records and interview or examine you in order to arrive at this conclusion.

You must be able to show that the breach directly led to your injury. Causation is the third element in a claim for malpractice. In most cases, you will require an immediate cause-and-effect connection between the breach of duty and the resulting injury. A misdiagnosis, for example may result in the wrong medication being prescribed or treatment being administered. This could cause an adverse reaction such as a heart attack.

Breach of Duty

Physicians, like all other people, have a legal obligation to conduct themselves with reasonable care and caution. However doctors are held to a higher standard due to the fact that they are medical experts and deal with life and death decisions. The obligation of care is outlined in the regulations and laws for specific kinds of treatments and procedures.

In a negligence case it is crucial to prove that the defendant was bound by the obligation of taking care of the plaintiff. It must be proven that the defendant breached this obligation 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 defined by what an average person would do under the same circumstances. For instance the reasonable driver would not run when there is a red light.

In a case of malpractice, experts are often required to testify regarding the standard of care and the manner in which it was breached. They can also describe the reason behind the injury and what could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any loss that may result from medical negligence. To be able to file a claim the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such suffering and pain).

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 can establish the medically necessary expenses by examining your medical records, using experts' testimony, and consulting economic experts. In order to establish your loss of earnings the medical malpractice lawyer has to show the number of times you were away from work due to medical condition and also the fact that these absences were due to the defendant's negligence.

The non-economic loss can be more difficult to prove and might require the assistance of a professional who will be able to testify about your physical, emotional, and mental pain due to the negligence of the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship as you did with your spouse or your significant other. The lawyer representing the defendant will contest the non-economic damages you suffer through a process of depositions, interrogatories, and demands for documents and declarations under swearing.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not the court will decide to dismiss it. A New York medical malpractice attorney who is knowledgeable is well-versed in the specifics of these deadlines. They will also ensure that your claim is filed within the deadlines specified by law.

In the majority of cases, victims of medical malpractice has to present a lawsuit within two and a half years from the date that the negligence or act of a health care provider caused the injury or death. Like all laws, this one is not without exceptions. For instance if the error of the health care provider was part of a continuous course of treatment, the 30-month statutory "clock" will not begin until that course of treatment is complete or the patient is informed of the diagnosis.

In certain instances the patient may not recognize the problem until a long time after for instance in the event that a foreign substance remains in the body following surgery or treatment. This is why many states have enacted an idea of law known as the discovery rule that permits injured victims to extend deadlines in certain instances. Your lawyer will be aware of the specific laws of your state and will carefully examine your case's timeline to avoid administrative errors that can derail your claim.