Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims get compensation for medical malpractice lawsuit their losses. The legal system that regulates medical malpractice cases is built on common law.

In the common law, doctors must follow the highest standards of care when treating their patients. If a doctor violates accepted medical procedures and results in injury or death they could be held accountable 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 healthcare. If those standards are not followed and if they cause harm or health issues patients may be able to sue for medical malpractice lawsuit.

The first element of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person was obligated to act reasonably. Then, you must show that the breach of that obligation occurred. This is typically done with the use of expert testimony that can provide an objective analysis and assessment of the situation.

The expert witness can determine whether the defendant's actions were not in line with the accepted standards in your situation. To enable the expert to arrive at this conclusion they must be able to review your medical records and conduct an examination or interview of you.

You must also show that the breach directly caused your injury. Causation is the 3rd element in a claim for malpractice. In most instances, you'll need to have an immediate cause-and-effect connection between the breach of duty and the resulting injury. For instance, a wrong diagnosis could lead to the wrong medication or treatment being administered, which results in an adverse reaction, such as a heart attack.

Breach of Duty

Physicians, like all other people, are required by law to fulfill a duty to act with reasonable care and with caution. However doctors are held to a higher standard due to the fact that they are medical experts and are able to make life and death decisions. The duty of care is outlined in the laws and standards that govern specific types of treatments and procedures.

One of the most important elements that must be proven in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. It must be proved that the defendant breached this duty of care. This means that the doctor failed to meet the standard of care in the specific situation. The standard of care is typically defined by what an average person would do under similar circumstances. A reasonable driver, for instance would not operate at a traffic light.

In a malpractice case experts could be required to provide evidence on the standard of care violated and how the standard was violated. They can also provide the reason behind the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to protect against potential losses that might arise due to medical negligence. In order to make an action for damages the plaintiff must prove 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 money you will receive from a successful lawsuit for malpractice is contingent on the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, using expert testimony and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days you were absent from work due your medical malpractice lawsuits complications, and that these missed days were due to the defendant's negligence.

Non-economic losses can be more difficult to prove, and may require the assistance of a professional who will give evidence about your physical, emotional and mental pain because of the negligent actions of the defendant. Loss of consortium is a different type of non-economic injury. It is the inability of having an intimate, sexual relationship with your spouse, or any other significant person like you used to. The lawyer for the defendant will attempt to challenge your non-economic losses through interrogatories, depositions and requests for statements and documents under swearing.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not, the court will dismiss the case. A New York medical malpractice attorney who is skilled will be well-versed in the specifics of these deadlines, and will ensure that your claim is filed before the deadlines stipulated by law.

In most cases, victims of medical malpractice must bring a lawsuit within two and a half years from the date at which the act or omission of a medical professional caused the injury or death. As with all laws this rule is not without exceptions. For instance, if the error by the health professional was part of an ongoing course of treatment, the 30 month mandatory "clock" will not begin until that course of treatment is complete or the patient is informed of the diagnosis.

In some cases, a patient may not discover the problem until quite a while later for instance when a foreign object is left within the body after surgery or treatment. In this regard, a majority of states have adopted the legal concept of discovery rule that allows injured victims to extend these deadlines in certain situations. Your attorney will know the specific rules of your state and will go over the timeline of your case to avoid any administrative errors that could impede your claim.