Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must follow the standard of care when treating their patients. If a doctor deviates from the accepted medical standard and results in a death or injury or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as reasonable and prudent when providing healthcare. If those standards are not followed and the result is injuries or health problems, a patient may be able to file a medical malpractice lawsuit.

The first thing to do in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they had a duty to act reasonably. You must then prove the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and assessment of the case.

The expert witness will be able to determine if the defendant's actions are in violation of the standard of care that is accepted in your particular circumstance. The expert will need to look over your medical records and then interview or testify against you in order to arrive at this conclusion.

You must also demonstrate that the breach directly caused your injury. Causation is the 3rd element in a malpractice claim. In most instances, you'll need to have an immediate cause-and-effect connection between the breach of duty and subsequent injury. A misdiagnosis, for example can result in prescribing the wrong medication or treatment being administered. This could cause an adverse reaction such as heart attacks.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to act with care and caution. However, doctors are held to an even higher standard because they are considered experts in medicine and deal with life and death decisions. The duty of care is set in the law and standards which are applicable to specific kinds of treatments and procedures.

In a negligence case it is crucial to prove that the defendant had the obligation of taking care of the plaintiff. Then, it has to be proved that the defendant violated that duty of care. This means that the doctor failed to perform to the required standard of care in the particular situation. The standard of care is typically determined by what a reasonable individual would do under the circumstances. For example, a reasonable driver would not speed through a red light.

In a lawsuit involving a malpractice experts could be required to testify regarding the standard of care that was not met and the manner in which this standard was violated. They can also explain how the injury was caused and what could be done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance to cover any loss that may result due to medical negligence. To file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such suffering and pain).

The amount you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney defends your losses. Your attorney will be able to establish your medically necessary expenses through a review of your medical records, the testimony of experts and the assistance of economic experts. For the loss of your earnings your medical malpractice lawyer should also show the number of times you were away from work because of your medical issues and the fact that the absences were the result of the defendant's negligence.

Non-economic damages are more difficult to prove. You may need the assistance of an expert witness who can detail your physical, mental and emotional pain as a direct result of the defendant's negligence. Loss of consortium is a second type of non-economic injury. It is the inability to enjoy a romantic, sexual connection with your spouse, or Medical Malpractice Attorney any other significant person like you used to. The lawyer representing the defendant will challenge your non-economic damages with the help of interrogatories and depositions and also requests for documents and sworn declarations.

Statute of limitations

Like 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 decide to dismiss it. A New York medical malpractice law firm malpractice attorney who is knowledgeable is well-versed in the specifics of these deadlines, and will ensure that your claim is filed within the deadlines stipulated by law.

In most cases, the victim of medical negligence must be able to file a lawsuit within two and a half years from the date the act or omission by the health professional caused death or injury. However, as with all laws there are some exceptions to this rule. If, medical malpractice attorney for example, the error committed by the health professional was a part of a continual treatment plan, then the "clock" of 30 months won't start until the course of treatment has been completed or the patient is informed of the diagnosis.

Additionally, in certain instances like when a foreign object is found inside the body after surgery or treatment, it may not be possible for a patient to realize the issue until much later. In order to deal with this issue, a majority of states have implemented the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your lawyer will be aware of the specific rules in your state, and will carefully go over the timeline of your case to avoid administrative errors that could delay your claim.