Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps patients who have suffered injuries receive compensation for their losses. The common law system regulates medical malpractice attorneys malpractice claims.

According to common law, doctors are required to follow a certain standard of care when treating patients. If a doctor is found to be in violation of accepted medical procedures and results in death or injury, then he may be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard that are accepted by the medical profession as being prudent and reasonable when they provide healthcare. A patient might be in a position to file a lawsuit against a medical professional if those standards aren't followed and the failure results in injuries or health issues.

The first step in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they had a duty to act in a fair manner. The next step is to prove that the breach of that duty occurred. This is usually done by an expert witness that can provide a objective analysis and evaluation.

The expert witness can determine whether the defendant's actions fell below the standard of care in your situation. The expert will need to look over your medical records and interview or medical malpractice attorney examine you to arrive at this conclusion.

You must be able to show that the breach directly led to your injury. Causation is a third element in a malpractice lawsuit. In most cases, you'll need a direct cause and medical malpractice attorney result relationship between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being administered and that in turn causes an adverse reaction, like a heart attack.

Breach of Duty

Like all doctors, doctors have a legal obligation to exercise diligence and care. However, doctors are held to an even higher standard due to the fact that they are medical experts and are able to make life and death decisions. The obligation of care is outlined in the regulations and laws for specific kinds of treatments and procedures.

In a negligence case, it is essential to establish that the defendant was bound by the duty of care for the plaintiff. It must be proven that the defendant violated this duty of care. This means that the doctor did not meet the standard of care in the particular situation. The standard of care is usually determined by what an ordinary person would do in the same circumstances. For instance the reasonable driver would not speed through a red light.

In a malpractice case experts are usually needed to testify about the standards of care and the manner in which it was breached. They can also provide a detailed explanation of the cause of the injury and what could be done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential losses that might arise from medical negligence. In order to make an action for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney will establish medically essential costs by examining your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the number of days you have missed from work due your medical issues, and the fact that these days were a result of the defendant's negligence.

Non-economic damages can be harder to prove. You may require assistance from a professional witness who can describe your mental, physical, and emotional pain that is a direct result of the defendant's negligence. Other types of non-economic losses include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you did with your spouse or significant other. The lawyer for the defendant will contest your non-economic damages through the use of depositions and interrogatories and requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there's a set of time limitations - referred to as statutes or limitations within which a medical negligence lawsuit must be filed or else it will be dismissed by the courts. A New York medical malpractice attorney who is skilled will be aware of the specifics of these deadlines and will ensure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, a victim of medical negligence must file a lawsuit within two-and-ahalf years of the date that the act or omission committed by an health professional caused the death or injury. As with all laws this rule is not without exceptions. For instance, if the error by the health professional was part of a continuous course of treatment, the 30-month legal "clock" will not begin until the course of treatment is completed or when the patient learns about the diagnosis.

Additionally, in some cases for instance, when an object that is foreign remains in the body after surgery or treatment, it might not be possible for a patient's to recognize that there was a problem until much later. This is why many states have adopted a legal concept called the discovery rule, which allows injured victims to extend deadlines under certain circumstances. Your attorney will be aware of specific rules in your state, and will carefully review your case timeline to avoid any administrative errors which could cause delays to your claim.