Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are expected to adhere to a certain level of care when treating patients. If a physician does not follow the accepted medical standard and results in a death or injury it could be liable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as reasonable and prudent in their medical care. A patient might be legally able to bring a lawsuit for medical malpractice if the standards aren't followed and the result is injuries or health issues.

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

The expert witness will help determine whether the defendant's actions fell less than the accepted standard in your case. To enable the expert to determine this, they will need to be able to look over your medical records and conduct an examination or interview of you.

You must also be able to establish that the breach of duty directly led you to suffer injury. This is known as causation and it is the third requirement of a malpractice claim. In the majority of cases, you will require a direct cause and result relationship between the breach of duties and the resulting injury. A mistake in diagnosis, for instance can result in the wrong medication being prescribed or treatment being administered. This can result in an adverse reaction such as a heart attack.

Breach of Duty

Doctors, just like other people, are legally bound by a obligation to exercise reasonable care and with caution. Doctors are held to higher standards due to the fact that they are medical experts and make life-or-death decisions. The duty of care is found in laws and standards governing certain types of treatments and procedures.

In a case of negligence, it is vital to prove that the defendant owed the duty of care for the plaintiff. Then, it must be established that the defendant breached that duty of care. This means that the doctor failed to meet the standard of care in this particular situation. The standard of care is usually determined by what a reasonable person would do in similar circumstances. For instance an honest driver would not run a red light.

In a malpractice case experts may be required to testify about the standard of care violated and how this standard was breached. They can also describe the reason behind the injury and what could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential loss that may result due to medical negligence. To make an action for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your lawyer can establish medically essential costs by examining your medical records, using expert testimony and consulting economic experts. In order to prove your loss of earnings, your medical malpractice lawyer must show the number of times you were off work due to medical conditions and the fact that these missed work days resulted from the defendant's negligence.

Non-economic losses can be more difficult to prove, and may require the help of a professional who can give evidence about your physical, emotional and mental distress due to the negligence of the defendant. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship like you used to with your spouse or your significant other. The defendant's lawyer will challenge your non-economic damages with the help of interrogatories and depositions as well as requests for documents and sworn testimony.

Statute of Limitations

In New York, medical malpractice attorney as with every state, there are certain time frames - also known as statutes of limitation within which a medical negligence lawsuit must be filed or otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is experienced will be familiar with the nuances of these deadlines. They will also ensure that your claim is submitted before the deadlines stipulated by law.

In most instances, the victim of medical malpractice must present a lawsuit within two and a half years of the date when the act or omission of a health care provider caused the injury or death. However, as with all laws there are some exceptions to this rule. If, for instance, the error committed by the health professional was part of a continuing treatment plan, then the "clock" of 30 months cannot begin until the course of treatment has been completed or the patient is informed of the diagnosis.

Additionally, in certain instances like when an object that is foreign remains within the body following surgery or treatment, it may not be possible for a patient to realize the issue until much later. To solve 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 of specific rules in your state and will carefully review your case timeline to avoid any administrative errors that can derail your claim.