Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors are required to follow a certain standard of care when treating patients. If a doctor is not following the accepted medical practices and causes an injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as being reasonable and prudent in providing care. When those standards are not met and that failure causes injuries or health problems patients may be able to bring a medical malpractice lawsuit.

The first step in a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person had a legal obligation to act reasonably. You then need to prove that the breach occurred. This is typically done with the use of experts who can provide an objective analysis and evaluation of the situation.

The expert witness can determine whether the defendant's actions were below the accepted standard in your situation. The expert will review your medical records, and interview or cross-check you to arrive at this conclusion.

You should also be able to establish that the breach of duty directly caused you to suffer injury. This is known as causation, and it is the third element in a negligence claim. In the majority of cases, you will require an immediate cause-and-effect connection between the breach of duty and the resulting injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being prescribed and in turn causes an adverse reaction, such as heart attacks.

Breach of Duty

Like everyone else, doctors have a legal obligation to act with care and prudence. Doctors are held to an elevated standard, however, because they are medical experts who make life-or-death decisions. The obligation of care is found in laws and standards governing specific types of treatments and procedures.

In a negligence case, it is vital to prove that the defendant owed a duty to care for the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor did not adhere to the standard of care for the situation. The quality of care is usually determined by what an ordinary person would do under the same situation. For instance an honest driver wouldn't run when there is a red light.

In a case of malpractice, expert witnesses are often needed to testify regarding the standard of care and the way in which it was violated. They can also describe the reason behind the accident and what could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. In order to make an action for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of money you will receive from a successful lawsuit for malpractice is contingent upon the way in which your New York Lewistown Medical Malpractice Lawsuit malpractice lawyer presents the case for your losses. Your attorney will establish medically necessary expenses by examining your spring lake heights medical malpractice lawsuit records, utilizing expert testimony, and collaborating with economic experts. In order to establish your loss of earnings the medical malpractice lawyer must also show the number of times you missed work due to your medical complications and the fact that these missed work days were due to the defendant's negligence.

Non-economic damages are more difficult to prove. You may require the assistance of a professional witness who can provide details of your mental, physical, and emotional pain that is direct result of the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or significant other. The defendant's attorney will challenge your non-economic damages by a process of interrogatories and depositions as well as requests for statements and documents under the oath.

Statute of limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. Otherwise the court will not dismiss the case. An experienced New York medical malpractice lawyer is well-versed in these details and will ensure that your claim is filed prior to the deadlines that are set by law.

In most cases, the victim of medical negligence must file a lawsuit within two-and-ahalf years of the date that the act or omission of a health care provider resulted in the death or injury. Like all laws, this one is not without exceptions. For instance, if the error made by the health professional was part of a continuous course of treatment, the "clock" of 30 months cannot begin until the course of treatment has been completed or the patient has been informed of the diagnosis.

In some cases, a patient may not recognize the problem until quite a while later, for example the case where a foreign body remains within the body after surgery or treatment. Because of this, many states have adopted the legal concept of discovery rule which permits injured victims to extend these deadlines in certain circumstances. Your attorney will know the specific rules of your state and carefully go over the timeline of your case to ensure that there are no administrative mistakes that could impede your claim.