Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients get compensation for their losses. The common law system governs medical malpractice lawsuits.

In common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor is not following the accepted medical norms and malpractice results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set of standards accepted by the medical industry as being prudent and reasonable when providing care. A patient could be in a position to file a lawsuit for medical malpractice if those standards aren't adhered to and the failure results in injuries or health problems.

The first step in a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person was bound to act with reasonable care. You must then prove that the breach occurred. This is usually done the use of expert testimony which can provide an objective analysis and evaluation.

The expert witness will be able to help determine whether or not the defendant's actions fall below the standard of care that is accepted in your particular case. The expert will examine your medical records and also interview or question you to determine this.

You must also prove that the breach directly led to your injury. Causation is a third element in a malpractice claim. In the majority of cases, you will need to have an exact cause-and-effect link between the breach of duty and the subsequent injury. A misdiagnosis for instance, could lead to prescribing the wrong medication or treatment being administered. This in turn can cause an adverse reaction such as a heart attack.

Breach of Duty

Like everyone else medical malpractice lawsuit professionals, doctors are under a legal obligation to exercise care and prudence. Doctors are held to an elevated standard due to the fact that they are medical experts and have the authority to 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 first elements that must be proven in a negligence lawsuit is that the defendant was bound by a duty care to 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 this particular circumstance. The standard of care is usually determined by what an ordinary person would do under the same circumstances. A reasonable driver, for example, would not run an intersection at a stoplight.

In a lawsuit involving a malpractice expert witnesses could be needed to testify on the standard of care violated and the manner in which this standard was violated. They can also discuss the cause of the injury and what could have been done to prevent it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical malpractice law firm negligence. To be able to file a claim the plaintiff will need to demonstrate both financial losses (such medical expenses and malpractice lost wages), as well as noneconomic losses (such suffering and pain).

The amount of compensation you receive from a successful malpractice suit is contingent upon how your New York medical malpractice lawyer can argue for your losses. Your attorney will establish medically essential costs by examining your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the number of days that you missed from work due to medical conditions, and also that these days were a result of the defendant’s negligence.

Non-economic damages can be harder to prove. You may require the assistance of an expert witness who can detail your physical, mental and emotional distress as a direct result of the defendant's negligence. Other forms 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 significant other. The lawyer representing the defendant may challenge your non-economic damages with the help of depositions and interrogatories as well as requests for documents and sworn declarations.

Statute of limitations

In New York, as with every state, there are specific time frames - also known as statutes of limitations within which a medical negligence lawsuit must be filed or otherwise it could be dismissed by the courts. A New York medical malpractice attorney who has experience will be familiar with the specifics of these deadlines. They will also ensure that your claim is filed within the deadlines stipulated by law.

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

Additionally, in certain instances such as when the foreign object remains inside the body after surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. This is why many states have adopted an idea of law known as the discovery rule, which allows injured victims to extend these deadlines in certain instances. Your lawyer will be well-versed in the laws of your state and will scrutinize your case timeline carefully to avoid administrative mistakes that could cause delays to your claim.