Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must adhere to the highest standards of care when treating their patients. If a doctor does not adhere to accepted medical practice and results in injury or death they may be held responsible for negligence.

Duty of Care

medical malpractice Law firms professionals are required to adhere to a set of standards that are accepted by the medical profession as being reasonable and prudent when providing treatment. When those standards are not met and that failure causes injuries or health issues the patient could be able to sue for medical malpractice attorneys malpractice lawsuit.

The first step in a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity was bound to act reasonably. You must then prove the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and medical Malpractice law firms assessment of the situation.

The expert witness will help determine whether the defendant's actions are below the standard of care in your situation. To enable the expert to arrive at this conclusion, they will need to be able 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 caused you to suffer injury. Causation is the third element in a malpractice lawsuit. In the majority of cases, you will require an immediate cause-and-effect connection between the breach of duty and the subsequent injury. A misdiagnosis, for instance may result in prescribing the wrong medicine or treatment being administered. This can cause a negative reaction such as a heart attack.

Breach of Duty

As with all people, are legally bound by a obligation to exercise reasonable care and with caution. Doctors are held to a higher standard but because they are medical experts and can make life-or-death decisions. The obligation of care is found in laws and standards governing certain types of treatments and procedures.

In a negligence case it is crucial to prove that the defendant was bound by the obligation of taking care of the plaintiff. Then, it must be established that the defendant breached that duty of care. This means that the doctor failed to meet the standard of care in the given circumstance. The quality of care is usually determined by what a reasonable individual would do in the same situation. A reasonable driver, for instance will not go through at a traffic light.

In a case of malpractice expert witnesses could be needed to testify on the standard of care that was not met and how this standard was violated. They can also discuss how the injury was caused and what could have been 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 for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of compensation you receive in a successful lawsuit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney can establish your medically necessary expenses by examining your medical records, the testimony of experts and the use of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days that you missed from work due your medical complications, and the reason for these absences resulted from the negligence of the defendant.

Non-economic damages can be harder to prove. You may need the assistance of a professional witness who can detail your mental, physical, and emotional pain as a direct result of the defendant's negligence. Loss of consortium is another type of non-economic injury. It is the inability to enjoy a loving, sexual relationship with your spouse or other significant person in the same way you used to. The defendant's lawyer will challenge your non-economic damages in the form of interrogatories, depositions, and requests for documents and sworn testimony.

Statute of Limitations

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

In most instances, the victim of medical malpractice has to make a claim within two and a half years from the date on which the act or omission of a health care provider caused the injury or death. Like all laws, this law is not without exceptions. If, for example, the error of the health professional was part of a continuous treatment plan, then the "clock" of 30 months will not begin until the treatment is completed or the patient has been informed of the diagnosis.

Additionally, in some cases such as when a foreign object is left within the body following surgery or treatment, it may not be possible for a patient to discover the issue until much later. In order to tackle this issue, medical Malpractice law firms the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will be aware specific laws of your state, and will carefully look over your case's timeline in order to avoid any administrative errors which could cause delays to your claim.