Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help patients who have suffered injuries get compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors must follow the highest standards of care when treating their patients. If a physician violates accepted medical practices and causes injury or death, the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set of standards accepted by the medical industry as being prudent and reasonable in providing medical care. If those standards are not followed and the result is injuries or health problems the patient may be able to bring a medical malpractice lawsuit.

The first element of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question, and that the entity or person had a legal obligation to act in a reasonable way. Then, you must show that a breach of that obligation occurred. This is usually done by an expert witness that can provide an objective analysis and evaluation.

This expert witness will determine if the defendant's actions were below the standard of care that is accepted in the particular case. In order for the expert to arrive at this conclusion, they will need to be able to examine your medical records and conduct an examination or interview with you.

You should also be able to prove that the breach of duty caused the injuries. Causation is the third element in a malpractice lawsuit. In most cases, you will need to have a direct cause-and-effect relationship between the breach of duty and the resulting injury. A mistake in diagnosis, for instance can result in prescribing the wrong medicine or treatment being given. This could cause an adverse reaction, such as a heart attack.

Breach of Duty

Doctors, just like other people, are required by law to fulfill a obligation to behave with reasonable care and prudence. Doctors are held to higher standards however, since they are medical experts and have the authority to make life-or-death decisions. The duty of care is outlined in the laws and standards that govern specific kinds of treatments and procedures.

One of the first things that must be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor did not meet the standards of care in the particular situation. The quality of care is usually determined by what a reasonable person would do in similar circumstances. For instance the reasonable driver wouldn't run an intersection with a red light.

In a malpractice lawsuit experts may be required to testify regarding the standard of care that was not met and the manner in which this standard was violated. They can also provide a detailed explanation of the reason for the injury and what could have been done to prevent it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To file a lawsuit, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) as well as non-economic losses (such suffering and pain).

The amount of compensation received from a successful malpractice lawsuit is contingent on how your New York medical malpractice lawyer presents the case for your losses. Your attorney can establish your medically necessary expenses through a review of your medical records, evidence from experts, and the use of economic experts. For the loss of your earnings your medical malpractice lawyer must also demonstrate the number of days you were away from work due to medical conditions and the fact that these days off work resulted from the defendant's negligence.

Non-economic damages are more difficult to prove. You may need assistance from a professional witness who can provide details of your physical, lawsuit mental, and emotional pain as an direct result of defendant's negligence. Loss of consortium is a second type of non-economic injury. It is the inability to enjoy an intimate, sexual relationship with your spouse or another significant person in the same way you once did. The lawyer for the defendant will attempt to challenge your non-economic losses through a process of interrogatories, depositions and requests for documents and statements under the oath.

Statute of Limitations

In New York, as with every state, there are definite time limitations - referred to as statutes of limitation within which a medical negligence lawsuit must be filed or otherwise it could be dismissed by the courts. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure your claim is filed prior to the deadlines set by law.

In most cases, a victim of medical malpractice has to file his or her lawsuit within two and a half years of the date that the negligence or act of a medical professional resulted in the death or injury. As with all laws, this one is not without exceptions. If, for example, the error made by the health care provider was part of a continuing treatment plan, then the "clock" of 30 months will not start until the course of treatment is completed or the patient has been informed of the diagnosis.

In some instances it is possible that a patient will not be aware of the issue until a long time later, for example, if a foreign body is left in the body following surgery or treatment. Because of this, many states have enacted the legal concept of discovery rule which permits injured victims to extend deadlines in certain circumstances. Your attorney will know the specific rules in your state and carefully look over your case's timeline in order to avoid administrative errors which could cause delays to your claim.