Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

Under common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor does not adhere to the accepted medical practices and results in a death or injury, he may be liable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard accepted by the medical industry as reasonable and prudent when providing treatment. If the standards aren't met and that failure causes injuries or health issues the patient may be able to sue for medical malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider at issue and that the entity or person was obligated to act reasonably. The next step is to prove that the breach occurred. This is usually done by expert testimony that can provide an objective analysis and evaluation.

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 case. To allow the expert to make this determination they must be able to look over your medical records and conduct an examination or interview of you.

You must be able to prove that the breach directly caused your injury. Causation is a third element in a malpractice lawsuit. In the majority of cases, you will require an exact cause-and-effect link between the breach of duty and the resulting injury. A misdiagnosis, for instance, could lead to the wrong medication being prescribed or treatment being given. This in turn can cause an adverse reaction, such as heart attacks.

Breach of Duty

Just like everyone else physicians, doctors are legally bound by an obligation to act with care and caution. Doctors are held to an elevated standard, however, because they are medical experts and have the authority to make life-or-death decisions. The duty of care can be found in laws and standards governing certain types of treatments and procedures.

In a case of negligence, it is important to establish that the defendant was bound by an obligation to take care of the plaintiff. Then, it has to be proven that the defendant violated that duty of care. This means that the doctor failed to meet the standard of care in the given situation. The quality of care is usually determined by what a typical person would do in the same circumstances. A reasonable driver, for example would not operate an intersection at a stoplight.

In a lawsuit involving a malpractice, expert witnesses may be needed to testify on the standard of care that was violated and how the standard was violated. They can also describe the reason for the accident and what could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect against potential losses that might arise due to medical negligence. In order to bring an action for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) and Medical malpractice Attorney non-economic losses (such as pain and suffering).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney can determine your medically required expenses through a review your medical records, evidence from experts and the use of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the number of days that you missed from work because of medical complications, and that these missed days were a result of the defendant's negligence.

The non-economic loss can be more difficult to prove, and may require the assistance of a professional who can be able to testify about your physical, emotional and mental suffering due to the negligence of the defendant. Loss of consortium is a different type of non-economic damage. This is the inability to have a loving, sexual relationship with your spouse, or any other significant person like you once did. The lawyer representing the defendant will contest the non-economic damages you suffer through a process of interrogatories, depositions, and requests for statements and documents under the oath.

Statute of limitations

In New York, as with every state, there's a set of deadlines - commonly referred to as statutes of limitation within which a medical malpractice lawsuit must be filed, or otherwise it will be rejected by the courts. A New York medical malpractice attorney who is knowledgeable will be familiar with the specifics of these deadlines. They will also ensure that your claim is filed before the deadlines specified by law.

In most cases, a victim of medical malpractice must bring a lawsuit within two and Medical Malpractice attorney a half years of the date on which the negligence or act of a doctor or other health professional caused the injury or death. As with all laws this law is not without exceptions. For instance, if the error of the health care provider was part of an ongoing course of treatment, the 30-month legal "clock" will not begin until the course of treatment is complete or the patient learns about the diagnosis.

In certain instances, a patient may not discover the problem until a long time after, for example, if a foreign body remains in the body following surgery or treatment. For this reason, most states have enacted an idea of law known as the discovery rule that allows injured victims to extend these deadlines under certain circumstances. Your lawyer is familiar with the rules of your state and will scrutinize the timeline of your case with care to avoid administrative errors that can derail your claims.