Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are expected to follow a certain standard of care when treating patients. If a physician violates accepted medical procedures and results in death or injury, the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard that are accepted by the medical profession as reasonable and prudent in providing medical treatment. When those standards are not met and that failure causes harm or health issues the patient could have grounds to file a medical malpractice lawsuit.

The first step in a case of malpractice is to prove that you were a client of the healthcare provider and that they were bound to act reasonably. Then, you must show that the breach of that duty occurred. This is usually done by expert testimony that can provide an objective analysis and evaluation.

The expert witness will determine if the defendant's actions are in violation of the accepted standard of care in your particular situation. To allow 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 also establish that the breach directly led to your injury. This is known as causation, and it is the third requirement of a negligence claim. In the majority of cases, you will need to have an immediate cause-and-effect connection between the breach of duty and the resulting injury. A misdiagnosis, for example can result in prescribing the wrong medicine or treatment being administered. This can cause an adverse reaction such as heart attacks.

Breach of Duty

Doctors, just like other individuals, have a legal obligation to behave with reasonable care and caution. Doctors are held to an even higher standard due to the fact that they are medical experts and make life-or-death decisions. The obligation of care can be found in laws and standards governing certain types of treatments and procedures.

One of the most important elements that needs to be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. Then, it has to be proven that the defendant violated the duty of care. This means that the doctor did not meet the standard of care in the specific circumstance. The quality of care is usually determined by what a reasonable individual would do under the circumstances. For instance an honest driver would not speed through when there is a red light.

In a case of negligence, expert witnesses are often needed to testify about the standards of care and the manner in which it was breached. They can also describe the cause of the injury and what could have been done to prevent it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any losses that may arise from medical negligence. In order to file a claim for damages, medical malpractice lawsuit the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of money you will receive from a successful malpractice suit is contingent on how your New York medical malpractice lawyer can argue for your losses. Your attorney can establish the medically essential costs by examining your medical records, utilizing expert testimony and consulting economic experts. For your loss of earnings Your medical malpractice lawyer must establish the number of days you were away from work due to medical complications and the fact that these absences resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may require the assistance of a professional witness who can explain your physical, mental and emotional pain that is a direct result of the defendant's negligence. Loss of consortium is another type of non-economic damage. It is the inability to maintain a romantic, sexual connection with your spouse or any other significant person like you once did. The lawyer representing the defendant will contest your non-economic losses through interrogatories, depositions and requests for documents and statements under swearing.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not the court could dismiss the case. A New York medical malpractice attorney who is skilled will be aware of the specifics of these deadlines. They will also ensure that your claim is submitted before the deadlines set by law.

In the majority of cases, the victim of medical negligence has to make a claim within two-and-a-half years from the date the act or omission by medical professionals resulted in injury or death. However like all laws there are some exceptions to this rule. For instance when the health care provider's error was part of an ongoing course of treatment, the 30 month mandatory "clock" will not begin until that course of treatment is completed or the patient becomes aware of the diagnosis.

In some instances it is possible that a patient will not discover the problem until a considerable time later for instance the case where a foreign body is left within the body after surgery or treatment. To solve this issue, the majority of states have embraced the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will be aware of specific rules in your state and carefully review your case timeline to ensure that there are no administrative mistakes that could impede your claim.