Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients get compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

According to common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor is found to be in violation of accepted medical practice and causes injury or death, then he could be held liable for medical malpractice Law firm negligence.

Duty of Care

Medical professionals are expected to adhere to a set standard that are accepted by the medical profession as being prudent and reasonable in providing medical care. A patient may be legally able to bring a lawsuit for medical malpractice if these standards aren't being met and the failure results in injuries or health issues.

The first element in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they owed you an obligation to act in a fair manner. The next step is to prove that the breach of this obligation occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the case.

This expert witness can help determine whether the defendant's actions are below the accepted standard in your specific case. In order for the expert to make this decision they must be able to review your medical records and conduct an examination or interview of you.

You must be able to prove that the breach directly caused your injury. Causation is the third element in a malpractice claim. In most instances, you'll require an exact cause-and-effect link between the breach of duty and subsequent injury. A misdiagnosis, for instance, could lead to the wrong medication being prescribed or treatment being administered. This could cause an adverse reaction, such as a heart attack.

Breach of Duty

Like everyone else physicians, doctors are legally bound by an obligation to act with care and caution. Doctors are held to an elevated standard but because they are medical Malpractice law firm experts and can make life-or-death decisions. The duty of care is set in the laws and standards that govern specific kinds of treatments and procedures.

One of the first things that must be proven in a negligence claim is that the defendant was bound by a duty of care to 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 the particular circumstance. The standard of care is typically determined by what a typical person would do under the same circumstances. A reasonable driver, for instance would not operate a traffic light.

In a lawsuit involving a malpractice expert witnesses could be required to testify about the standard of care violated and the manner in which this standard was violated. They can also describe the reason for the injury and what could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect themselves against any losses that might arise due to medical negligence. To file a lawsuit, the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney argues for your losses. Your lawyer can establish medically essential costs by examining your medical records, utilizing expert testimony, and collaborating with 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 your medical complications and the fact that these missed work days were the result of the defendant's negligence.

Non-economic damages are more difficult to prove. You may require assistance from a professional witness who can explain your physical, mental and emotional pain that is an direct result of defendant's negligence. Other forms 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 your significant other. The lawyer representing the defendant will challenge your non-economic damages with the help of interrogatories, depositions, as well as requests for documents and sworn testimony.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. If not the court will not dismiss it. A New York medical malpractice attorney who is knowledgeable will be familiar with the nuances of these deadlines and ensure that your claim is submitted before the deadlines stipulated by law.

In most cases, the victim of medical malpractice lawsuit negligence has to be able to file a lawsuit within two and a half years from the time the act or omission of the health professional caused injury or death. However, as with all laws there are a few exceptions to this rule. If, for instance the error committed by the health care provider was part of a continuous 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 certain instances, a patient may not be aware of the issue until quite a while later for instance in the event that a foreign substance is left within the body after surgery or treatment. This is why many states have enacted an idea of law known as the discovery rule that allows injured victims to extend these deadlines in certain circumstances. Your attorney will be aware specific rules of your state, and will carefully go over the timeline of your case to avoid any administrative errors which could cause delays to your claim.