Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In the common law, doctors are required to adhere to an ethical standard when treating their patients. If a doctor violates accepted medical practices and results in death or injury, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being reasonable and prudent in their medical care. A patient may be legally able to bring a lawsuit for medical malpractice if the standards aren't followed and the result is injury or health complications.

The first thing to do in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and Medical Malpractice that they had a duty to act in a reasonable way. The next step is to prove that the breach occurred. This is usually accomplished by the use of expert testimony which can provide an objective analysis and evaluation.

This expert witness will be able to help determine whether or not the defendant's actions are in violation of the accepted standard of care in your particular circumstance. In order for the expert to make this decision, they will need to be able to review your medical records and conduct an examination or interview of you.

You should also be able to prove that the breach of duty directly led the injuries. This is known as causation, and it is the third element in a malpractice claim. In the majority of cases, you will need to have an exact cause-and-effect link between the breach of duty and subsequent injury. A misdiagnosis for instance, could lead to prescribing the wrong medication or treatment being given. This in turn can result in an adverse reaction such as heart attacks.

Breach of Duty

As with all individuals, have a legal duty to act with reasonable care and prudence. Doctors are held to an even higher standard, however, because they are medical experts and can make life-or-death decisions. The obligation of care is found in laws and standards for specific kinds of treatments and procedures.

One of the most important elements that must be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor failed to meet the standard of care in this particular situation. The standard of care is typically defined by what an average person would do under similar situations. A reasonable driver, for example would not use at a traffic light.

In a case of malpractice expert witnesses could be required to testify about the standard of care violated and how the standard was breached. They can also explain the cause of the injury and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any damages that could result due to medical negligence. To be able to file a claim the plaintiff will need to prove both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney argues for your losses. Your lawyer can establish medically necessary expenses by examining your medical malpractice lawsuits records, using experts' testimony, and consulting economic experts. For your loss of earnings Your medical malpractice lawyer has to show the number of times you were off work due to your medical issues and the fact that these days off work were due to the defendant's negligence.

Non-economic damages can be more difficult to prove, and Medical malpractice may require the help of a professional who will testify about your physical, emotional and mental distress as a result of negligent actions of the defendant. Loss of consortium is another type of non-economic injury. It is the inability to maintain a romantic, sexual connection with your spouse, or any other significant person as you used to. The defendant's lawyer will challenge your non-economic damages in the form of depositions and interrogatories along with requests for documents and sworn statements.

Statute of limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. If not, the court will dismiss the case. A New York medical malpractice attorney who has experience is well-versed in the specifics of these deadlines and ensure that your claim is filed within the deadlines set by law.

In the majority of cases, a victim of medical malpractice lawsuits malpractice has to present a lawsuit within two and a half years from the date when the act or omission of a doctor or other health professional caused the injury or death. As with all laws, this rule is not without exceptions. For instance, if the error of the health professional was part of a continuing course of treatment, then the "clock" of 30 months will not begin until the treatment is completed or the patient has been informed of the diagnosis.

In some instances patients may not discover the problem until quite a while later for instance when a foreign object remains within the body after surgery or treatment. Because of this, many states have enacted a legal concept called the discovery rule, which allows injured victims to extend deadlines in certain situations. Your lawyer is familiar with the rules of your state and will review the timeline of your case with care to avoid any administrative errors that could cause delays to your claim.