Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured victims get compensation for their losses. The common law system governs medical malpractice lawsuits.

In common law, doctors are required to follow a certain standard of care when treating patients. If a doctor does not adhere to accepted medical procedures and results in injury or death then he could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as being sensible and prudent in providing medical care. When those standards are not followed and if they cause injury or health complications the patient could be able to bring a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider and that the person or entity had a legal obligation to act in a reasonable manner. You must then prove the breach occurred. This is typically done with the use of experts who can provide an objective analysis and evaluation of the situation.

The expert witness will determine if the defendant's actions fell below the standard of care that is accepted in your particular case. To allow the expert to determine this, they will need to be able to review your medical records and conduct an examination or interview with you.

You must be able to demonstrate that the breach directly caused your injury. Causation is the third element in a malpractice lawsuit. In the majority of cases, you'll need a direct cause and effect connection between the breach of duty and the subsequent injury. For example, a misdiagnosis could lead to the wrong treatment or medication being prescribed and in turn causes an adverse reaction such as a heart attack.

Breach of Duty

Doctors, just like other individuals, have a legal obligation to behave with reasonable care and prudence. However, doctors are held to a higher standard since they are considered medical experts and deal with life and death decisions. The obligation of care is defined in the regulations and standards which are applicable to specific types of treatments and procedures.

One of the first things to be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor lawsuit failed to adhere to the standard of care appropriate to the circumstances. The standard of care is typically determined by what a reasonable person would do in the situation. For instance, a reasonable driver would not speed through a red light.

In a malpractice lawsuit expert witnesses could be required to provide evidence on the standard of care that was not met and the way in which this standard was breached. They can also provide what caused the injury and suggest ways to have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. To file a lawsuit, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) as well as non-economic losses (such suffering and pain).

The amount of money you will receive from a successful malpractice lawsuit is contingent upon the way in which your New York medical malpractice lawyer presents the case for your losses. Your lawyer can determine your medically required expenses by examining your medical records, evidence from experts, and the use of economic experts. For the loss of your earnings your medical malpractice lawyer should also show the number of times you were absent from work because of your medical conditions and the fact that these days off work were the result of the defendant's negligence.

Non-economic losses are more difficult to prove and might require the help of a professional who can provide evidence of your physical, emotional, and mental distress due to the negligence of the defendant. Loss of consortium is another type of non-economic injury. It is the inability to enjoy an intimate relationship with your spouse, or any other significant person like you used to. The defendant's attorney will challenge the non-economic damages you suffer through a process of interrogatories, depositions, and requests for statements and documents under oath.

Statute of Limitations

In New York, as with every state, there's a set of time frames - also 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 has experience will be familiar with the nuances of these deadlines and ensure that your claim is submitted before the deadlines stipulated by law.

In the majority of cases, a victim of medical malpractice has to file his or her lawsuit within two and a half years of the date when the negligence or act of a medical professional resulted in the death or injury. However like all laws there are a few exceptions to this rule. If, for instance, the error committed by the health care provider was a part of a continual treatment plan, then the "clock" of 30 months won't start until the course of treatment is completed or the patient is informed of the diagnosis.

In some instances for instance, when an object that is foreign remains in the body after surgery or treatment, it may not be possible for a patient or patient's family to determine that there was a problem until much later. This is why many states have enacted an idea of law known as the discovery rule, which allows injured victims to extend these deadlines in certain instances. Your attorney will be aware specific laws in your state, and will carefully review your case timeline to ensure that there are no administrative mistakes which could cause delays to your claim.