Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must observe an ethical standard when treating their patients. If a doctor does not adhere to accepted medical procedures and results in death or injury, they could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as being reasonable and prudent when providing medical care. A patient might be legally able to bring a lawsuit for medical malpractice if the standards aren't met and the result is injuries or health problems.

The first thing to do in a case of malpractice is to establish that you were a patient of the healthcare provider and that they had a duty to act in a fair manner. You then need to prove that the breach occurred. This is usually done using expert testimony that can provide an objective analysis and evaluation.

This expert witness will be able help determine whether or not the defendant's actions fell below the accepted standard of care in your particular case. To enable the expert to make this decision they must be able review your medical records and conduct an examination or interview with you.

You must be able to demonstrate that the breach directly caused your injury. Causation is the third factor in a malpractice claim. In most cases, you will need to have an obvious cause-and effect relationship between the breach of duty and subsequent injury. For example, a misdiagnosis could result in the wrong treatment or medication being administered, which could result in an adverse reaction such as a heart attack.

Breach of Duty

Physicians, like all other individuals, have a legal duty to act with reasonable care and prudence. Doctors are held to a higher standard however, since they are medical experts and make life-or-death decisions. The duty of care is set in the rules and regulations that apply to certain kinds of treatments and procedures.

In a case of negligence it is vital to prove that the defendant owed the obligation of taking care of the plaintiff. It must be established that the defendant breached this duty of care. This means that the doctor failed to perform to the required standard of care in the particular situation. The standard of care is typically determined by what an ordinary person would do under similar circumstances. For instance, a prudent driver wouldn't run the red light.

In a case of negligence, experts are often required to testify about the standard of care and how it was violated. They can also provide the reason behind the injury and suggest ways to have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney fights for your losses. Your attorney can establish your medically necessary expenses by examining your medical records, testimony from experts as well as the assistance of economic experts. For your loss of earnings Your medical malpractice lawyer must prove the number of days you were away from work due to your medical conditions and the fact that these days off work were due to the defendant's negligence.

Non-economic damages are more difficult to prove. You may require assistance from an expert witness who can provide details of your physical, mental and emotional pain as an direct result of defendant's negligence. Loss in consortium is another type of non-economic harm. This is the inability to enjoy an intimate relationship with your spouse or another significant person in the same way you used to. The lawyer representing the defendant may challenge your non-economic damages with the help of interrogatories, depositions, and also requests for documents or sworn statements.

Statute of limitations

In New York, as with every state, there are certain deadlines - commonly referred to as statutes of limitation within which a medical malpractice attorneys malpractice lawsuit must be filed, or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who has experience will be aware of the specifics of these deadlines, and will ensure that your claim is submitted before the deadlines set by law.

In most cases, victims of medical malpractice has to make a claim within two and a half years from the date that the negligence or act of a healthcare professional resulted in the death or injury. As with all laws this rule is not without exceptions. If, for example, the error made by the health professional was a part of a continual course of treatment, the "clock" of 30 months won't start until the treatment is completed or the patient has been informed of the diagnosis.

In some instances it is possible that a patient will not recognize the problem until a considerable time later, for example the case where a foreign body is left in the body following surgery or treatment. In this regard, a majority of states have adopted an idea of law known as the discovery rule which permits injured victims to extend these deadlines in certain situations. Your lawyer will be familiar with the rules of your state and will examine the timeline of your case with care to avoid administrative mistakes that could cause delays to your claim.