Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured 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 an ethical standard when treating their patients. If a doctor is found to be in violation of accepted medical malpractice lawsuits procedures and results in injury or death, then he could be held liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as being reasonable and prudent in their medical care. Patients may be eligible to file a claim for medical malpractice law firms malpractice if the standards aren't being met and the result is injuries or health issues.

The first step in a case of malpractice is to establish that you were a client of the healthcare provider and that they were bound to act in a reasonable manner. Then, you need to prove that the breach of that obligation occurred. This is usually accomplished by expert testimony that can provide an objective analysis and evaluation.

The expert witness will help determine if the defendant's actions were below the standard of care in your particular case. The expert will need to review your medical records, and also interview or question you to arrive at this conclusion.

You must also demonstrate that the breach directly led to your injury. This is known as causation and it is the third element of a negligence claim. In most instances, you'll require an exact cause-and-effect link between the breach of duty and the subsequent injury. For instance, a misdiagnosis could result in the wrong medication or treatment being administered and results in an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to act with care and prudence. Doctors are held to an even higher standard, however, because they are medical experts who make life-or-death decisions. The duty of care is set in the regulations and standards that govern specific types of procedures and treatments.

In a case of negligence it is essential to establish that the defendant had the obligation of taking care of the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor did not perform to the required standard of care applicable to the situation. The standard of care is typically determined by what an ordinary person would do in similar situations. A reasonable driver, for instance would not use a traffic light.

In a case of malpractice, malpractice expert witnesses are typically required to testify on the standard of care and the way in which it was violated. They can also discuss the reason for the injury and explain how they could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect against potential damages that could result from medical negligence. To make a claim for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your attorney will establish medically necessary expenses by examining your medical records, utilizing experts' testimony, and consulting economic experts. For your loss of earnings your medical malpractice lawyer must also show the number of times you were absent from work due to medical issues and the fact that these days off work were the result of the defendant's negligence.

The non-economic loss can be more difficult to prove and could require the help of a professional who can give evidence about your physical, emotional and mental distress because of the infractions committed by the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you once could with your spouse or significant other. The lawyer representing the defendant may challenge your non-economic damages with the help of interrogatories and depositions and also requests for documents or sworn statements.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. If not the court could dismiss the case. An experienced New York medical malpractice lawyer is aware of these specifics and will ensure that your case is filed by the deadlines stipulated by law.

In the majority of instances, the victim of medical malpractice has to bring a lawsuit within two and a half years from the date on which the negligence or act of a health care provider caused the injury or death. As with all laws, this one is not without exceptions. For instance when the error of the health care provider was part of an ongoing course of treatment, the 30-month mandatory "clock" will not start until the course of treatment is completed or until the patient learns of the diagnosis.

In certain instances the patient may not recognize the problem until a long time later, for example, if a foreign body remains within the body after surgery or treatment. In order to tackle this issue, the majority of states have adopted the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will be aware specific rules in your state and will go over the timeline of your case to avoid any administrative errors that could impede your claim.