Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims receive compensation for their losses. The common law system regulates medical malpractice claims.

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

Duty of Care

Medical professionals must adhere to a set of standards accepted by the medical industry as being reasonable and prudent when providing care. If those standards are not followed and the result is harm or health issues the patient could be able to file a medical malpractice lawsuit.

The initial step of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person owed you a duty to act in a reasonable manner. You must then prove the breach occurred. This is usually done by expert testimony that can provide an objective analysis and evaluation.

The expert witness can determine whether the defendant's actions fell not in line with the accepted standards in your case. The expert will review your medical records, medical malpractice lawyer and then interview or testify against you to make this determination.

You must be able to demonstrate that the breach directly led to your injury. Causation is the 3rd element in a malpractice claim. In most cases you will require a direct cause & effect connection between the breach of duties and the subsequent injury. For instance, a mistake in diagnosis could result in the wrong medication or treatment being administered and that results in an adverse reaction, such as heart attacks.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to act with diligence and care. However, doctors are held to an even higher standard since they are considered experts in medicine and deal with life and death decisions. The duty of care can be found in laws and standards governing specific types of treatment and procedures.

One of the primary elements that must be established in a negligence case is that the defendant owed a duty to care to the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor did not meet the standard of care in the particular circumstance. The quality of care is usually determined by what a reasonable individual would do in the same situation. For instance the reasonable driver would not speed through a red light.

In a case of malpractice, experts are often required to testify on the standard of care and how it was violated. They can also explain the reason for the injury and what could have been done to avoid it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to protect against potential losses that might arise from medical negligence. In order to make an action for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on how your New York medical malpractice lawyer presents the case for your losses. Your attorney will establish medically required costs by looking over your medical records, using expert testimony and consulting economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the number of days you were absent from work due your medical conditions, and also that these days were due to the negligence of the defendant.

The non-economic loss can be more difficult to prove, and may require the help of a professional who can be able to testify about your physical, emotional, and mental suffering due to the negligence committed by the defendant. Other types of non-economic losses include loss of consortium, which is the inability to maintain a loving and sexual relationship like you used to with your spouse or significant other. The lawyer representing the defendant will contest the non-economic damages you suffer through a process of interrogatories, depositions, and requests for statements and documents under oath.

Statute of limitations

In New York, as with every state, there's a set of time limitations - referred to as statutes of limitation within which a medical negligence lawsuit must be filed or else it will be dismissed by the courts. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will ensure your claim is filed before the deadlines set by law.

In most cases, the victim of medical malpractice lawsuits negligence is required to bring a suit within two and a half years from the time the act or omission made by the health professional caused injury or death. However as with all laws there are some exceptions to this rule. If, for instance the error committed by the health professional was part of a continuous course of treatment, then the "clock" of 30 months will not begin until the treatment is completed or the patient is informed of the diagnosis.

Additionally, in certain situations like when an object that is foreign remains within the body following surgery or treatment, it may not be possible for a patient or patient's family to determine that there was a problem until much later. For this reason, most states have enacted an idea of law known as the discovery rule which permits injured victims to extend deadlines in certain situations. Your attorney will be familiar with the rules of your state and will examine the timeline of your case with care to avoid administrative mistakes that could cause delays to your claim.