Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims get compensation for their losses. The common law system regulates medical malpractice claims.

Under common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor does not adhere to accepted medical practices and causes injury or death, then he may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standard accepted by the medical industry as being reasonable and prudent when providing healthcare. If the standards aren't met and that failure causes harm or health issues patients may be able to sue for medical malpractice lawsuit.

The first thing to do in a case of malpractice is to prove that you were a patient of the healthcare provider and that they owed you an obligation to act in a reasonable manner. Then, you need to prove the breach of the duty occurred. This is usually accomplished by using expert testimony that can provide a objective analysis and evaluation.

The expert witness can determine whether the defendant's actions fell below the standard of care in your case. The expert will need to look over your medical records and medical malpractice then interview or testify against you to determine this.

You must be able to demonstrate that the breach directly caused your injury. This is known as causation and it is the third requirement of a negligence claim. In the majority of cases, you'll need a direct cause and result relationship between the breach of duties and the subsequent injury. A misdiagnosis, for example may result in the wrong medication being prescribed or treatment being given. This in turn can cause an adverse reaction such as heart attacks.

Breach of Duty

Doctors, just like other people, have a legal obligation to conduct themselves with reasonable care and prudence. Doctors are held to higher standards however, since they are medical experts who make life-or-death decisions. The duty of care is set in the regulations and standards that are situated for specific types of treatments and procedures.

One of the first elements to be established in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standards of care in the particular situation. The standard of care is usually determined by what a reasonable individual would do in similar circumstances. For example the reasonable driver would not speed through an intersection with a red light.

In a case of malpractice, experts are usually needed to testify on the standard of care and how it was violated. They can also describe the reason for the injury and explain how they could have prevented it from happening.

Damages

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

The amount you receive from a successful malpractice suit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your attorney will be able to establish the medically necessary expenses through a review your medical records, evidence from experts and the assistance of economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the number of days you have missed from work because of medical conditions, and also that these missed days resulted from the defendant's negligence.

Non-economic damages can be harder to prove. You may need the assistance of an expert witness who can describe your physical, mental and emotional suffering as direct result of the defendant's negligence. Other types of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or significant other. The lawyer representing the defendant will contest your non-economic damages by a process of depositions, interrogatories, and requests for documents and evidence under oath.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. Otherwise, the court will dismiss the case. A New York medical malpractice attorney who is knowledgeable will be well-versed in the specifics of these deadlines and ensure that your claim is submitted before the deadlines set forth by law.

In the majority of cases, the victim of medical negligence is required to be able to file a lawsuit within two and a half years from the time the act or omission committed by medical professionals resulted in death or injury. However like all laws, there are a few exceptions to this rule. For instance if the health care provider's error was part of a continuous course of treatment, the 30-month legally required "clock" will not begin until the course of treatment is complete or the patient is informed of the diagnosis.

Additionally, in certain instances like when a foreign object is found in the body following surgery or treatment, it might not be possible for a patient to discover that there was a problem until much later. For this reason, most states have adopted an idea of law known as the discovery rule that permits injured victims to extend these deadlines in certain circumstances. Your lawyer is familiar with the laws of your state and will go over your case's timeline carefully to avoid any administrative errors that could impede your claim.