Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are expected to adhere to a certain standard 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 medical malpractice lawyer negligence.

Duty of Care

Medical professionals must adhere to a set of standards accepted by the medical industry as reasonable and prudent in providing medical healthcare. If the standards aren't adhered to and the failure results in injuries or health issues the patient may be able to file a medical malpractice lawsuit.

The first part of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question and that the person or entity was obligated to act with reasonable care. You must then prove that the breach occurred. This is usually accomplished by using expert testimony that can provide an objective analysis and evaluation.

This expert witness will be able determine if the defendant's actions are in violation of the accepted standard of care in your particular situation. The expert will need to review your medical records, and interview or examine you in order to make this determination.

You must also be able to prove that the breach of duty directly caused you to experience injuries. This is known as causation, and it is the third element in a negligence claim. In the majority of cases, you'll need a direct cause and effect connection between the breach of duty and the subsequent injury. A mistake in diagnosis, for instance may result in prescriptions for the wrong drug or treatment being given. This could result in an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors medical professionals, doctors are under a legal obligation to exercise diligence and care. However, doctors are held to an even higher standard since they are considered experts in medicine who make life and death decisions. The duty of care is outlined in the laws and standards that apply to certain types of treatments and procedures.

In a negligence case, it is important to establish that the defendant was bound by a duty to care for the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor failed to meet the standard of care in this particular circumstance. The quality of care is usually defined by what an average person would do under the same situation. For example the reasonable driver would not run a red light.

In a lawsuit involving a malpractice, expert witnesses may be needed to testify on the standard of care that was breached and how the standard was breached. They can also describe how the injury occurred and what could have been done to prevent it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To file a lawsuit, the plaintiff will need to show both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount of money you will receive from a successful malpractice lawsuit depends on how your New York medical malpractice lawyer makes the case for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, utilizing expert testimony and consulting economic experts. For the loss of your earnings, your medical malpractice lawyer must also prove the number of days you were off work because of your medical issues and the fact that these days off work resulted from the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may need the assistance of a professional witness who can explain your physical, mental, and emotional pain that is directly resulting from the defendant's negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you once could 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 and sworn testimony.

Statute of limitations

In New York, as with every state, there are certain time limits - commonly known as statutes or limitations within which a medical malpractice lawsuit must be filed or otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be well-versed in the nuances of these deadlines and will ensure that your claim is filed prior to the deadlines set forth by law.

In most cases, a victim of medical malpractice must make a claim within two and a half years from the date when the negligence or act of a medical professional resulted in the death or injury. However as with all laws, there are a few exceptions to this rule. If, for instance, medical malpractice lawyer the error of the health care provider was part of a ongoing treatment plan, then the "clock" of 30 months will not start until the course of treatment is completed or the patient has been informed of the diagnosis.

In some instances for instance, when a foreign object is left inside the body after surgery or treatment, it might not be possible for a patient to realize the issue until much later. To solve this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will be familiar with the rules of your state and will review the timeline of your case with care to avoid administrative mistakes that can derail your claims.