Why You Need a Medical Malpractice Lawyer

A medical malpractice attorneys malpractice attorney helps victims receive compensation for their losses. The common law system governs medical malpractice claims.

In common law, doctors are required to adhere to a certain standard of care when treating patients. If a physician violates accepted medical practices and medical malpractice results in death or injury, then he may be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards that are accepted by the medical profession as being prudent and reasonable when providing healthcare. A patient might be eligible to file a claim for medical malpractice if the standards aren't met and the failure results in injuries or health problems.

The first element in a case of malpractice is to establish that you were a client of the healthcare provider and that they had a duty to act in a reasonable manner. You then need to prove that the breach occurred. This is typically done using expert testimony that can provide a objective analysis and evaluation.

An expert witness can determine whether the defendant's actions are below the standard of care in your situation. The expert will review your medical records, and then interview or testify against you in order to determine this.

You must be able to show that the breach directly led to your injury. This is known as causation and it is the third requirement of a malpractice claim. In most instances, you'll need to have an exact cause-and-effect link between the breach of duty and the resulting injury. A mistake in diagnosis, for instance one, could result in prescribing the wrong medicine or treatment being given. This in turn can cause an adverse reaction such as heart attacks.

Breach of Duty

Like everyone else who are legally obligated to act, doctors also have an obligation to act with diligence and care. However, doctors are held to a more stringent standard because they are considered experts in medicine and are able to make life and death decisions. The obligation of care is found in laws and standards for specific types of treatments and procedures.

One of the first elements that needs to be established in a negligence claim is that the defendant was bound by a duty care to the plaintiff. It must be proved that the defendant breached this obligation of care. This means that the doctor failed to meet the standards of care in the particular situation. The quality of care is usually defined by what an average person would do in the same situation. A reasonable driver, for instance, would not run a traffic light.

In a case of malpractice experts could be required to provide evidence on the standard of care that was violated and the way in which this standard was violated. They can also describe how the injury was caused and what could have been done to prevent it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. To be able to file a claim the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).

The amount of compensation received from a successful malpractice suit depends on how your New York medical malpractice lawyer can argue for your losses. Your lawyer will determine your medically required expenses through a thorough review of your medical records, the testimony of experts and the assistance of economic experts. In order to prove your loss of earnings the medical malpractice lawyer must demonstrate the number of days you were absent from work due to medical condition and also the fact that these missed work days were the result of the defendant's negligence.

Non-economic damages can be more difficult to prove and may require the assistance of a professional who will give evidence about your physical, emotional, and mental distress as a result of the negligent actions of the defendant. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship as you did with your spouse or significant other. The lawyer for the defendant will contest your non-economic damages in the form of interrogatories and depositions as well as requests for documents and sworn declarations.

Statute of limitations

Like all states, medical malpractice New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. Otherwise the court will not dismiss the case. A New York medical malpractice attorney who is experienced will be aware of the nuances of these deadlines. They will also ensure that your claim is filed prior to the deadlines set forth by law.

In the majority of cases, the victim of medical negligence is required to be able to file a lawsuit within two and a half years from the date the act or omission made by an health professional caused death or injury. However like with all laws, there are a few exceptions to this rule. For instance when the health care provider's error was part of an ongoing course of treatment, the 30-month statutory "clock" will not start until that course of treatment is completed or when the patient is informed of the diagnosis.

Additionally, in some cases, such as when an object that is foreign remains inside the body after surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. For this reason, most states have enacted an idea of law known as the discovery rule that permits injured victims to extend these deadlines in certain situations. Your attorney will be aware of specific rules of your state and carefully go over the timeline of your case to avoid administrative errors that could impede your claim.