Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must follow the highest standards of care when treating their patients. If a doctor does not adhere to accepted medical procedures and results in injury or death, they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as being reasonable and prudent when providing care. When those standards are not met and that failure causes injury or health complications the patient could be able to sue for medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person had a legal obligation to act with reasonable care. You must then prove the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

The expert witness will be able to help determine whether or not the defendant's actions were below the accepted standard of care in the particular case. In order for Medical malpractice attorney the expert to arrive at this conclusion they must be able to look over your medical records and conduct an examination or interview with you.

You must be able to establish that the breach directly caused your injury. This is known as causation, and it is the third element of a malpractice claim. In most cases you will require a direct cause-and- result relationship between the breach of duties and the subsequent injury. For example, a misdiagnosis could result in the wrong treatment or medication being administered, which can result in an adverse reaction, such as a heart attack.

Breach of Duty

As with all people, are required by law to fulfill a duty to act with reasonable care and caution. However, doctors are held to a higher standard because they are medical experts and deal with life and death decisions. The obligation of care can be found in laws and standards governing certain types of treatments and procedures.

In a case of negligence, it is vital to prove that the defendant was bound by an obligation to take care of the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor failed to meet the standard of care in the specific situation. The standard of care is usually determined by what a reasonable individual would do in the same situation. For example, a prudent driver wouldn't run the red light.

In a malpractice case, expert witnesses may be required to testify regarding the standard of care that was violated and how this standard was breached. They can also discuss the cause of the injury and what could be done to stop it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. In order to bring an action for damages, the plaintiff must prove both actual financial losses (such as medical malpractice law firm expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney argues for your losses. Your lawyer can establish medically required costs by looking over your medical records, utilizing expert testimony and consulting economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days you were away from work due to medical issues, and the reason for these absences were due to the defendant’s negligence.

Non-economic damages are more difficult to prove. You may need assistance from an expert witness who can provide details of your physical, mental, and emotional suffering as direct result of the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship as you once could with your spouse or your significant other. The defendant's lawyer will challenge your non-economic damages through the use of interrogatories and depositions and requests for documents or sworn statements.

Statute of Limitations

As in every state, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. Otherwise the court will decide to dismiss it. A New York medical malpractice attorney who is knowledgeable is well-versed in the nuances of these deadlines. They will also ensure that your claim is filed prior to the deadlines specified by law.

In most cases, a victim of medical malpractice must present a lawsuit within two and a half years of the date on which the negligence or act of a health care provider caused the injury or death. Like all laws, this one is not without exceptions. If, for instance the error committed by the health care provider was part of a continuing course of treatment, the "clock" of 30 months will not begin until the course of treatment is completed or the patient has been informed of the diagnosis.

Additionally, in some cases such as when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient's to recognize that there was a problem until much later. In this regard, a majority of states have adopted the legal concept of discovery rule that allows injured victims to extend deadlines under certain circumstances. Your lawyer is well-versed in the laws of your state and medical Malpractice attorney will scrutinize your case timeline carefully to avoid administrative mistakes that can derail your claims.