Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help victims get 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 the highest standards of care when treating their patients. If a doctor does not adhere to accepted medical practices and results in injury or death the doctor could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as being reasonable and prudent in providing medical care. Patients may be able to file a lawsuit for medical malpractice law firm malpractice if these standards aren't adhered to and the result is injuries or health issues.

The first thing to do in a case of malpractice is to prove that you were a patient of the healthcare provider and that they had a duty to act in a fair manner. You must then prove the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and evaluation of the case.

An expert witness can determine if the defendant's actions were below the accepted standard in your particular case. To allow the expert to determine this, they will need to be able to look over your medical records and conduct an examination or interview of you.

You must also be able to prove that the breach of duty caused you to experience injuries. This is known as causation and it is the third element in a malpractice claim. In most cases, you will require an exact cause-and-effect link between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered, which can result in an adverse reaction like heart attacks.

Breach of Duty

As with all people, are legally bound by a duty to act with reasonable care and be cautious. However doctors are held to an even more stringent standard because they are considered medical experts who make life and death decisions. The duty of care is outlined in laws and standards for specific kinds of treatments and procedures.

One of the first things to be established in a negligence claim 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 failed to meet the standards of care in the particular situation. The standard of care is usually determined by what a normal person would do under the same situation. A reasonable driver, for instance, would not run an intersection at a stoplight.

In a case of malpractice expert witnesses could be required to testify regarding the standard of care that was breached and the way in which this standard was violated. They can also explain the reason for the injury and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. 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 in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your lawyer will establish your medically necessary expenses through a review your medical records, evidence from experts as well as the assistance of economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days you have missed working due to medical problems, and proving that these missed days were due to the defendant’s negligence.

Non-economic damages can be difficult to prove. You may need assistance from an expert witness who can provide details of your physical, mental and emotional distress as a direct result of the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you once could with your spouse or your significant other. The defendant's attorney will challenge the non-economic damages you suffer through interrogatories, depositions, and requests for documents and evidence under the oath.

Statute of Limitations

In New York, as with every state, there's a set of time limits - commonly known as statutes of limitations - within which a medical malpractice lawsuit must be filed, or otherwise it will be rejected by the courts. A New York medical malpractice attorney who is experienced will be familiar with the specifics of these deadlines and ensure that your claim is filed prior to the deadlines set forth by law.

In the majority of cases, a victim of medical negligence is required to be able to file a lawsuit within two and a half years from the date the act or omission by a health care provider resulted in death or injury. As with all laws, this law is not without exceptions. For instance in the event that the error by the health professional was part of a continuous course of treatment, medical malpractice Law firm the 30-month legally required "clock" will not begin until the treatment is completed or the patient is informed of the diagnosis.

In some cases the patient may not discover the problem until a long time later, for example, if a foreign body is left within the body after surgery or treatment. In this regard, a majority of states have adopted an idea of law known as the discovery rule that permits injured victims to extend these deadlines in certain circumstances. Your attorney will know the specific rules in your state and carefully examine your case's timeline to ensure that there are no administrative mistakes that can derail your claim.