Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims get compensation for their losses. The common law system regulates medical malpractice claims.

Under common law, doctors are expected to adhere to a certain standard of care when treating patients. If a physician violates accepted medical practices and results in death or injury, they could be held accountable 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 providing healthcare. If these standards aren't adhered to and the failure results in harm or health issues the patient could have grounds to file a medical malpractice lawsuit.

The first thing to do in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they owed you a duty to act in a reasonable way. The next step is to prove that the breach occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the situation.

The expert witness will be able to determine if the defendant's actions fell below the standard of care that is accepted in your particular circumstance. The expert will look over your medical records and interview or examine you in order to make this decision.

You must also be able to prove that the breach of duty directly caused you to experience injuries. This is known as causation, and it is the third element of a negligence claim. In most cases, you'll need a direct cause and result relationship 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 results in an adverse reaction such as a heart attack.

Breach of Duty

As with all people, are required by law to fulfill a obligation to exercise reasonable care and with caution. However doctors are held to an even more stringent standard because they are considered medical experts who make life and death decisions. The obligation of care is outlined in the laws and standards that govern specific kinds of treatments and procedures.

In a case of negligence, it is crucial to prove that the defendant owed an obligation to take care of the plaintiff. It must be proved that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standard of care in the specific situation. The quality of care is usually determined by what a typical person would do in similar situations. For instance an honest driver would not stop at the red light.

In a malpractice case, expert witnesses are often needed to testify about the standards of care and the way in which it was violated. They can also discuss how the injury occurred and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. In order to file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney fights for your losses. Your attorney will be able to establish the medically necessary expenses through a thorough review of your medical records, testimony from experts and the use of economic experts. For the loss of your earnings Your medical malpractice lawyer must prove the number of days you were absent from work due to your medical issues and the fact that these missed work days were due to the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may require the assistance of an expert witness who can explain your physical, mental, and emotional suffering as an direct result of defendant's negligence. Loss of consortium is a different type of non-economic damage. This is the inability of having a loving, sexual relationship with your spouse, or any other significant individual as you used to. The lawyer representing the defendant will challenge your noneconomic damages by way of depositions and interrogatories and requests for documents or sworn statements.

Statute of Limitations

In New York, as with every state, there are definite time limits - commonly known as statutes of limitation within which a medical malpractice lawsuit must be filed or medical malpractice attorney otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable is well-versed in the specifics of these deadlines. They will also ensure that your claim is filed before the deadlines set forth by law.

In the majority of cases, victims of medical malpractice has to present a lawsuit within two and a half years from the date that the act or omission of a health care provider caused the injury or death. However like all laws there are some exceptions to this rule. If, for instance, the error committed by the health care provider was part of a continuous course of treatment, the "clock" of 30 months cannot begin until the treatment has been completed or the patient has been informed of the diagnosis.

In some instances for instance, when a foreign object is left inside the body after surgery or treatment, it may not be possible for a patient to realize the issue until much later. To deal with this issue, a majority of states have adopted what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer is familiar with the rules of your state and will scrutinize the timeline of your case with care to avoid administrative mistakes that can derail your claims.