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 lawsuits.

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

Duty of Care

Medical professionals must follow a set of standards accepted by the medical industry as being prudent and reasonable in providing medical care. If these standards aren't followed and the result is injury or health complications the patient could be able to sue for medical malpractice lawsuit.

The first step in a malpractice case is to establish that you were a client of the healthcare provider and that they had a duty to act in a fair manner. Then, you need to prove that the breach of that duty occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the case.

An expert witness can determine whether the defendant's actions are less than the accepted standard in your particular case. To allow the expert to make this determination, they will need to be able to examine your medical records and conduct an examination or interview with you.

You must also be able to prove that the breach of duty directly led the injuries. This is known as causation, and it is the third element of a malpractice claim. In the majority of cases, you'll require a direct cause-and- effect connection between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered and in turn causes an adverse reaction, like a heart attack.

Breach of Duty

Doctors, just like other people, have a legal obligation to exercise reasonable care and with caution. Doctors are held to a higher standard however, since they are medical experts and have the authority to make life-or-death decisions. The responsibility of medical care is described in the rules and regulations which are applicable to specific kinds of treatments and procedures.

One of the most important elements to be established in a negligence claim is that the defendant owed a duty to care to the plaintiff. Then, it has to be established that the defendant breached that duty of care. This means that the doctor did not adhere to the standard of care appropriate to the circumstances. The standard of care is usually determined by what a reasonable individual would do in the situation. A reasonable driver, for example, would not run at a traffic light.

In a lawsuit involving a malpractice experts may be needed to testify on the standard of care that was violated and the way in which this standard was violated. They can also explain what caused the injury and suggest ways to have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any loss that may result due to medical negligence. To file a lawsuit, the plaintiff must prove both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such suffering and pain).

The amount of compensation you receive from a successful malpractice suit is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your lawyer will establish your medically necessary expenses through a review of your medical records, the testimony of experts and the assistance of economic experts. For your loss of earnings your medical malpractice lawyer has to establish the number of days you were absent from work due to your medical condition and also the fact that these absences resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need the assistance of an expert witness who can detail your physical, mental, and emotional pain as direct result of the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship like you used to with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic losses through interrogatories, depositions and demands for documents and declarations under the oath.

Statute of Limitations

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

In most 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 made by a health care provider caused the death or injury. However like with all laws, there are a few exceptions to this rule. If, for example, the error made by the health professional was part of a continuous course of treatment, the "clock" of 30 months will not begin until the course of treatment has been completed or the patient is informed of the diagnosis.

Additionally, in certain instances like when a foreign object is left inside the body after surgery or treatment, it may not be possible for a patient or patient's family to determine that there was a problem until much later. Because of this, many states have enacted the legal concept of discovery rule which permits injured victims to extend these deadlines under certain circumstances. Your attorney will be aware of specific laws of your state and will carefully go over the timeline of your case to ensure that there are no administrative mistakes which could cause delays to your claim.