Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor deviates from accepted medical practice and it results in injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as being sensible and prudent in providing care. A patient may be legally able to bring a lawsuit against a medical professional if those standards aren't being met and the failure causes injuries or health issues.

The first element of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity was obligated to act in a reasonable manner. The next step is to prove that the breach occurred. This is usually accomplished by an expert witness that can provide an objective analysis and evaluation.

The expert witness can determine if the defendant's actions were below the accepted standard in your situation. In order for the expert to determine this, they will need to be able to review your medical records and conduct an examination or interview of you.

You must also prove that the breach directly led to your injury. This is known as causation and it is the third element of a malpractice 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, could lead to prescriptions for the wrong drug or treatment being administered. This can cause a negative reaction such as a heart attack.

Breach of Duty

Like all doctors, doctors have a legal obligation to exercise the utmost care and caution. Doctors are held to an elevated standard, however, because they are medical experts who make life-or-death decisions. The obligation of care can be found in the laws and standards that govern specific kinds of treatments and medical malpractice attorney procedures.

One of the primary elements to be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. Then, it needs to be proved that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standard of care in the given situation. The quality of care is usually determined by what a reasonable individual would do in similar circumstances. For example, a prudent driver would not speed through a red light.

In a malpractice case experts are usually needed to testify about the standard of care and how it was violated. They can also describe how the injury occurred and what could have been done to avoid it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To file a lawsuit, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) as well as non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit depends on how your New York medical malpractice lawyer presents the case for your losses. Your attorney can establish the medically necessary expenses by examining your lynden medical malpractice attorney records, testimony from experts as well as the assistance of economic experts. In order to establish your loss of earnings the medical malpractice lawyer must also establish the number of days you missed work because of your medical complications and the fact that these absences were due to the defendant's negligence.

Non-economic damages can be more difficult to prove and could require the help of a professional who can be able to testify about your physical, emotional and mental pain as a result of negligence of the defendant. Loss of consortium is another type of non-economic damage. This is the inability to have a romantic, sexual connection with your spouse or another significant individual as you used to. The defendant's attorney will challenge your non-economic losses through interrogatories and depositions as well as requests for documents and evidence under oath.

Statute of Limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. If not the court will decide to dismiss it. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure that your case is filed within the deadlines that are set by law.

In most cases, a victim of medical malpractice has to make a claim within two and a half years from the date that the negligence or act of a health care provider caused the injury or death. However as with all laws there are some 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 will not begin until the treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in certain instances such as when a foreign object is left in the body after surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. In order to deal with this issue, a majority of states have embraced the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will be aware of specific laws of your state and will carefully examine your case's timeline to avoid any administrative errors which could cause delays to your claim.