Why You Need a Medical Malpractice Lawyer

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

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

Duty of Care

Medical professionals are expected to adhere to a set standard that are accepted by the medical profession as being reasonable and prudent when they provide healthcare. If the standards aren't met and that failure causes injuries or health issues the patient could be able to file a medical malpractice lawsuit.

The first part of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity had a legal obligation to act in a reasonable way. You must then prove that the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

An expert witness can determine whether the defendant's actions are below the standard of care in your case. The expert will need to look over your medical records and then interview or testify against you in order to arrive at this conclusion.

You must also show that the breach directly caused your injury. This is known as causation and it is the third component of a negligence claim. In most instances, you'll need to have an exact cause-and-effect link between the breach of duty and the resulting injury. For instance, a misdiagnosis could lead to the wrong medication or medical malpractice lawsuit treatment being administered, which in turn causes an adverse reaction such as a heart attack.

Breach of Duty

Physicians, like all other people, have a legal obligation to behave with reasonable care and with caution. Doctors are held to an elevated standard however, since they are medical experts and make life-or-death decisions. The obligation of care is found in laws and standards for specific types of treatment and procedures.

One of the most important elements to 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 breached this duty of care. This means that the doctor did not meet the standard of care in the specific circumstance. The standard of care is typically determined by what a reasonable person would do in the same situation. For instance, a reasonable driver would not run when there is a red light.

In a case of malpractice, expert witnesses are typically required to testify about the standard of care and how it was violated. They can also provide a detailed explanation of the cause of the injury and what could be done to stop it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance to protect themselves against any loss that may result due to medical negligence. To be able to file a claim the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount you are awarded from a successful malpractice suit is contingent upon the way in which your New York medical malpractice lawyer can argue for your losses. Your lawyer can establish medically essential costs by examining your medical records, utilizing expert testimony and consulting economic experts. For the loss of your earnings, your medical malpractice lawyer must demonstrate the number of days you were off work due to your medical condition and also the fact that these missed work days resulted from the defendant's negligence.

Non-economic damages can be more difficult to prove and could require the assistance of a professional who will be able to testify about your physical, emotional, and mental suffering because of the negligence committed by the defendant. Loss of consortium is a second kind of non-economic loss. It is the inability of having an intimate relationship with your spouse or any other significant person in the same way you used to. The lawyer representing the defendant will challenge your noneconomic damages by way of interrogatories and depositions along with requests for documents or sworn statements.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. Otherwise, the court will dismiss it. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed before the deadlines stipulated by law.

In most cases, a victim of medical malpractice has to make a claim within two and a half years of the date when the act or omission of a medical professional resulted in the death or injury. However like all laws there are some exceptions to this rule. For instance, if the error of the health care provider was part of an ongoing course of treatment, the 30-month statutory "clock" will not start until that course of treatment is complete or the patient is informed of the diagnosis.

In some instances, a patient may not be aware of the issue until a long time later, for example the case where a foreign body is left within the body after surgery or treatment. This is why many states have enacted the legal concept of discovery rule that allows injured victims to extend deadlines in certain instances. Your attorney will be aware of the rules of your state and will go over your case's timeline carefully to avoid any administrative errors that can derail your claims.