Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In common law, doctors are required to follow a certain standard of care when treating patients. If a doctor medical malpractice attorney does not adhere to the accepted medical standard and results in an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as being reasonable and prudent in their healthcare. If the standards aren't followed and the result is harm or health issues patients may have grounds to file a medical malpractice lawsuit.

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

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

You must also establish that the breach directly caused your injury. This is known as causation and it is the third element of a malpractice claim. In the majority of cases, you will need a direct cause and result relationship between the breach of duty and the resulting injury. A mistake in diagnosis, for instance one, could result in prescribing the wrong medication or treatment being administered. This in turn can result in an adverse reaction such as heart attacks.

Breach of Duty

As with all individuals, have a legal duty to act with reasonable care and caution. However, doctors are held to an even higher standard due to the fact that they are medical experts who make life and death decisions. The duty of care is set in the rules and regulations which are applicable to specific kinds of treatments and procedures.

In a case of negligence it is essential to establish that the defendant had the obligation of taking care of the plaintiff. Then, it needs to be established that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standards of care in the specific situation. The standard of care is usually determined by what a normal person would do under similar circumstances. For example an honest driver would not speed through when there is a red light.

In a case of negligence, expert witnesses are typically required to testify regarding the standard of care and the manner in which it was breached. They can also explain the reason behind the accident and what could have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential damages that could result from medical negligence. To be able to file a claim the plaintiff must prove both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such pain and suffering).

The amount of compensation you receive in a successful lawsuit depends on how well your New York medical malpractice attorney will argue for your losses. Your lawyer will establish the medically necessary expenses through a thorough review of your medical records, the testimony of experts as well as the assistance of economic experts. In order to establish your loss of earnings, your medical malpractice lawyer must also demonstrate the number of days you were absent from work due to your medical conditions and the fact that these days off work were the result of the defendant's negligence.

Non-economic damages can be difficult to prove. You may require assistance from an expert witness who can describe your mental, physical, and emotional suffering as directly resulting from the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages with the help of interrogatories and depositions along with requests for documents or sworn statements.

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. Otherwise the court will not dismiss the case. A New York medical malpractice attorney (shinhwaspodium.com) who is skilled will be familiar with the nuances of these deadlines, and will ensure that your claim is submitted before the deadlines stipulated by law.

In the majority of cases, a victim of medical negligence is required to bring a suit within two and a half years from the date the act or omission made by the health professional resulted in the death or injury. However, as with all laws there are a few exceptions to this rule. If, for instance the error committed by the health professional was part of a continuing course of treatment, the "clock" of 30 months will not begin until the treatment is completed or the patient is informed of the diagnosis.

In some instances like when the foreign object remains within the body following surgery or treatment, it may not be possible for a patient's to recognize that there was a problem until much later. In order to deal with this issue, a majority of states have embraced what is known as the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will be aware specific rules in your state, and will carefully review your case timeline to ensure that there are no administrative mistakes that can derail your claim.