Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

Under common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor does not adhere to accepted medical procedures and results in death or injury, they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as being reasonable and prudent in providing treatment. A patient could be in a position to file a lawsuit for medical malpractice if these standards aren't followed and the failure results in injuries or health complications.

The first step in a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the person or entity was bound to act with reasonable care. You must then prove that the breach occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the case.

This expert witness will determine if the defendant's actions are in violation of the accepted standard of care in your particular circumstance. In order for the expert to make this determination they must be able to review your medical records and conduct an examination or interview of you.

You also need to prove that the breach of duty caused you to experience injury. This is known as causation, and it is the third component of a malpractice claim. In the majority of cases, you will require a direct cause & result connection between the breach of duties and the resulting injury. A mistake in diagnosis, for instance may result in the wrong medication being prescribed or treatment being given. This could cause an adverse reaction, such as heart attacks.

Breach of Duty

Physicians, like all other people, have a legal duty to act with reasonable care and prudence. Doctors are held to a higher standard due to the fact that they are medical experts and can make life-or-death decisions. The duty of care is set in the regulations and standards which are applicable to specific types of procedures and treatments.

In a negligence case it is essential to establish that the defendant was bound by a duty to care for the plaintiff. Then, it must be proven that the defendant violated the duty of care. This means that the doctor did not perform to the required standard of care appropriate to the circumstances. The standard of care is usually determined by what a reasonable individual would do in the situation. For example, a reasonable driver wouldn't run a red light.

In a lawsuit involving a malpractice expert witnesses could be needed to testify on the standard of care that was violated and how the standard was violated. They can also discuss what caused the injury and explain how they could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To submit a claim for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as 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 will argue for your losses. Your lawyer will prove your medically necessary expenses through a review of your medical records, evidence from experts, and the use of economic experts. For your loss of earnings, your medical malpractice lawyer has to establish the number of days you were off work due to your medical complications and the fact that the absences were the result of the defendant's negligence.

Non-economic losses can be more difficult to prove and may require the help of a professional who can give evidence about your physical, emotional and mental pain because of the negligent actions of the defendant. Loss of consortium is a second type of non-economic harm. It is the inability to have an intimate relationship with your spouse or any other significant person like you once did. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through a process of interrogatories, depositions and demands for documents and declarations under oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court could dismiss it. A New York medical malpractice attorney who is knowledgeable will be well-versed in the specifics of these deadlines and will ensure that your claim is filed prior to the deadlines set forth by law.

In the majority of cases, the victim of medical negligence is required to bring a suit within two and a half years of the date that the act or omission of a health care provider caused death or injury. However as with all laws there are a few exceptions to this rule. If, for instance, the error of the health care provider was part of a ongoing course of treatment, then the "clock" of 30 months cannot begin until the treatment is completed or the patient is informed of the diagnosis.

In some instances for instance, when the foreign object remains in the body following surgery or treatment, it might not be possible for a patient to discover that there was a problem until much later. This is why many states have adopted a legal concept called the discovery rule which permits injured victims to extend deadlines in certain instances. Your lawyer is familiar with the rules of your state and will review your case timeline carefully to avoid any administrative errors which could delay your claims.