Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps victims get compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

In the common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor violates accepted medical practice and results in injury or death, then he could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are accepted by the medical profession as being prudent and reasonable in providing medical care. A patient may be eligible to file a claim for medical malpractice if these standards aren't adhered to and the failure results in injuries or health issues.

The first part of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider and that the entity or medical malpractice law firms person was bound to act in a reasonable manner. You must then prove that the breach occurred. This is usually done using expert testimony that can provide an objective analysis and evaluation.

This expert witness will be able to determine if the defendant's actions fell below the standard of care that is accepted in the particular case. The expert will need to look over your medical records and also interview or question you to make this decision.

You also need to establish that the breach of duty directly led you to suffer injuries. This is known as causation, and it is the third component of a malpractice claim. In most cases you will need a direct cause and effect connection between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered and in turn causes an adverse reaction, like a heart attack.

Breach of Duty

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

One of the first things that must be established in a negligence claim is that the defendant was bound by a duty care to the plaintiff. It must be proved that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standards of care in the specific circumstance. The standard of care is typically determined by what a reasonable person would do in the same situation. A reasonable driver, for instance, would not run at a traffic light.

In a malpractice case, expert witnesses are often needed to testify about the standard of care and the manner in which it was breached. They can also explain how the injury was caused and what could have been done to avoid it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential losses that might arise due to medical malpractice lawsuits negligence. To file a claim, medical malpractice Law firms the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such suffering and pain).

The amount you are awarded from a successful lawsuit for malpractice depends on the way in which your New York medical malpractice lawyer makes the case for your losses. Your attorney will establish medically necessary costs by reviewing your Medical malpractice Law Firms records, utilizing expert testimony and consulting economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the number of days you were away from work due to medical issues, and the reason for these absences were due to the defendant’s negligence.

The non-economic loss can be more difficult to prove and might require the assistance of a professional who will testify about your physical, emotional, and mental pain due to the infractions committed by the defendant. Loss of consortium is a different type of non-economic damage. This is the inability to have an intimate relationship with your spouse or any other significant person as you once did. The lawyer for the defendant will attempt to challenge your non-economic damages by a process of interrogatories, depositions, and requests for statements and documents under swearing.

Statute of limitations

In New York, as with every state, there are certain time limits - commonly known as statutes of limitations within which a medical malpractice lawsuit must be filed or otherwise it could be dismissed by the courts. An experienced 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, victims of medical malpractice has to file his or her lawsuit within two and a half years from the date that the negligence or act of a healthcare professional caused the injury or death. However as with all laws there are a few exceptions to this rule. For instance when the error of the health care provider was part of a continuous course of treatment, the 30 month statutory "clock" will not start until that course of treatment is complete or the patient is informed of the diagnosis.

Additionally, in certain instances such as when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. In order to address this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your lawyer will be familiar with the rules of your state and will review the timeline of your case carefully to avoid mistakes in the administration that could impede your claim.