Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps patients who have suffered injuries get compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

According to common law, doctors are required to follow a certain standard of care when treating patients. If a doctor is not following the accepted medical malpractice attorneys practices and results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals are required to follow a set of standards accepted by the medical industry as being reasonable and prudent in providing medical healthcare. If those standards are not followed and the result is harm or health issues the patient may be able to bring a medical malpractice lawsuit.

The first element of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider at issue and that the entity or person had a legal obligation to act reasonably. You must then prove that the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and evaluation of the situation.

The expert witness can determine if the defendant's actions were below the accepted standard in your situation. The expert will need to look over your medical records and then interview or testify against you in order to make this determination.

You must be able to prove that the breach directly caused your injury. This is known as causation, and it is the third component of a negligence claim. In most cases, you'll need a direct cause and effect connection between the breach of duty and the subsequent injury. A misdiagnosis, medical malpractice law Firm for example can result in the wrong medication being prescribed or treatment being given. This could 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. Doctors are held to a higher standard but because they are medical experts and can make life-or-death decisions. The duty of care is found in the laws and standards that govern certain types of treatments and procedures.

One of the first elements that must be proven in a negligence case is that the defendant was bound by a duty of care to the plaintiff. It must be established that the defendant breached this obligation 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 normal person would do under similar circumstances. For example an honest driver would not run when there is a red light.

In a malpractice case experts are usually needed to testify about the standards of care and the way in which it was violated. They can also describe the cause of the injury and suggest ways to have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential loss that may result 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 you receive from a successful suit for malpractice depends on how well your New York Medical Malpractice Law Firm malpractice attorney will argue for your losses. Your attorney can establish the medically necessary expenses by examining your medical records, using expert testimony and consulting economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the amount of days you have missed from work due your medical issues, and the fact that these days were the result of the defendant's negligence.

Non-economic damages can be difficult to prove. You may require assistance from a professional witness who can detail your mental, physical, and emotional distress as an direct result of defendant's negligence. Loss of consortium is a second type of non-economic injury. It is the inability of having an intimate, sexual relationship with your spouse or other significant person in the same way you once did. The lawyer for the defendant will attempt to challenge your non-economic damages by interrogatories, depositions, and requests for statements and documents under the oath.

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 will decide to dismiss the case. A New York medical malpractice attorney who is knowledgeable will be well-versed in the nuances of these deadlines, and will ensure that your claim is filed before the deadlines set forth by law.

In most cases, victims of medical malpractice must make a claim within two and a half years from the date at which the negligence or act of a doctor or other health professional caused the injury or death. As with all laws, this rule has its exceptions. If, for example, the error made by the health care provider was part of a continuing course of treatment, the "clock" of 30 months cannot begin until the course of treatment is completed or the patient has been informed of the diagnosis.

Additionally, in some cases for instance, when a foreign object is left inside the body after surgery or treatment, it may not be possible for a patient to discover the issue until much later. This is why many states have enacted the legal concept of 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 your case's timeline carefully to avoid any administrative errors that could impede your claim.