Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor is not following the accepted medical standard and results in a death or injury or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards accepted by the medical industry as reasonable and prudent in providing medical healthcare. If these standards aren't met and that failure causes injuries or health issues, a patient may have grounds to file a medical malpractice lawsuit.

The first element in a case of malpractice is to establish that you were a patient of the healthcare provider and that they were bound to act in a reasonable manner. The next step is to prove that the breach occurred. This is usually done the use of expert testimony which can provide a objective analysis and evaluation.

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

You must be able to show that the breach directly caused your injury. This is known as causation, and it is the third element of a negligence claim. In most instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and subsequent injury. For instance, a mistake in diagnosis could result in the wrong medication or treatment being administered, which can result in an adverse reaction, such as heart attacks.

Breach of Duty

Doctors, just like other individuals, have a legal obligation to exercise reasonable care and prudence. Doctors are held to a higher standard but because they are medical experts who make life-or-death decisions. The responsibility of medical malpractice law firms care is described in the regulations and standards that govern specific kinds of treatments and procedures.

One of the primary elements that must be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor did not perform to the required standard of care in the particular situation. The standard of care is typically defined by what an average person would do in the same circumstances. A reasonable driver, for example would not use an intersection at a stoplight.

In a case of malpractice, expert witnesses are often needed to testify about the standards of care and the manner in which it was breached. They can also provide the cause of the injury and explain how they 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 bring a claim 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 you are awarded from a successful malpractice suit is contingent upon the way in which your New York medical malpractice lawyer makes the case for your losses. Your lawyer will establish the medically necessary expenses through a review your medical records, testimony from experts and the use of economic experts. For the loss of your earnings the medical malpractice lawyer must also establish the number of days you missed work due to medical issues and the fact that these missed work days were due to the negligence of the defendant.

Non-economic losses can be more difficult to prove, and may require the help of a professional who can testify about your physical, emotional and mental distress because of the infractions committed by the defendant. Loss in consortium is another type of non-economic injury. This is the inability to maintain an intimate relationship with your spouse or other significant person in the same way you once did. The lawyer for the defendant will attempt to challenge your non-economic losses through interrogatories, depositions, and requests for documents and evidence under swearing.

Statute of Limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit - simply click for source, can be filed. If not the court could dismiss the case. A New York medical malpractice attorney who is experienced will be familiar with the nuances of these deadlines and ensure that your claim is filed before the deadlines set forth by law.

In the majority of instances, the victim of medical malpractice must file his or her lawsuit within two and a half years of the date that the negligence or act of a health care provider resulted in the death or injury. However like all laws there are some exceptions to this rule. For instance in the event that the error by the health professional was part of an ongoing course of treatment, the 30-month legal "clock" will not begin until that course of treatment is completed or until the patient learns about the diagnosis.

In some instances like when the foreign object remains within the body following surgery or treatment, it may not be possible for a patient to realize that there was a problem until much later. To address this issue, the majority of states have embraced what is known as the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your lawyer is well-versed in the laws of your state and will review your case timeline carefully to avoid any administrative errors that could cause delays to your claim.