Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In common law, doctors must observe a standard of care in treating their patients. If a doctor is found to be in violation of accepted medical procedures and results in injury or death, the doctor could be held liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as being reasonable and prudent when providing treatment. A patient might be able to file a lawsuit for medical malpractice if these standards aren't adhered to and the failure causes injury or health complications.

The first step in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they were bound to act reasonably. Then, you need to prove that a breach of that obligation occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the case.

This expert witness will help determine whether or not the defendant's actions fell below the standard of care that is accepted in your particular circumstance. The expert will review your medical records, and interview or examine you in order to determine this.

You must also prove that the breach directly caused your injury. This is known as causation, and it is the third element in a malpractice claim. In most cases, you'll require a direct cause-and- effect connection between the breach of duty and the subsequent injury. A misdiagnosis, for example may result in the wrong medication being prescribed or treatment being given. This can result in an adverse reaction such as a heart attack.

Breach of Duty

Doctors, just like other people, are required by law to fulfill a obligation to exercise reasonable care and be cautious. Doctors are held to a higher standard but because they are medical experts and medical malpractice attorney can make life-or-death decisions. The responsibility of medical care is described in the rules and regulations that are situated for specific kinds of treatments and procedures.

In a negligence case, it is important to establish that the defendant owed the obligation of taking care of the plaintiff. Then, it has to be proved that the defendant violated the duty of care. This means that the doctor failed to meet the standards of care in the particular circumstance. The quality of care is usually determined by what a normal person would do under the same situation. A reasonable driver, for example, would not run an intersection at a stoplight.

In a malpractice case, experts are often required to testify regarding the standard of care and the manner in which it was breached. They can also explain the reason for the injury and explain how they could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential losses that may arise 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 you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the number of days that you missed from work due your medical complications, and that these missed days were the result of the defendant's negligence.

Non-economic damages can be difficult to prove. You may need assistance from a professional witness who can describe your mental, physical, and emotional distress as directly resulting from the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or your significant other. The defendant's attorney will challenge the non-economic damages you suffer through a process of interrogatories and depositions as well as demands for documents and declarations under swearing.

Statute of Limitations

In New York, as with every state, there are specific time frames - also known as statutes of limitations - within which a medical malpractice lawsuit must be filed otherwise it will be rejected 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 the majority of cases, victims of medical malpractice must present a lawsuit within two and a half years from the date when the act or omission of a doctor or other health professional caused the injury or death. As with all laws this rule has its exceptions. If, for instance the error made by the health professional was part of a continuing course of treatment, then the "clock" of 30 months cannot begin until the course of treatment is completed or the patient is informed of the diagnosis.

In certain instances the patient may not realize the problem until a long time after, for example, if a foreign body is left within the body after surgery or treatment. In order to deal with this issue, a majority of states have implemented the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your lawyer will be well-versed in the laws of your state and will go over the timeline of your case carefully to avoid administrative mistakes that can derail your claims.