Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims get compensation for their losses. The common law system governs medical malpractice claims.

In the common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor violates accepted medical practice and causes injury or death, then he may be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards accepted by the medical industry as being prudent and reasonable in providing medical care. If those standards are not followed and the result is injuries or health issues patients may be able to file a medical malpractice lawsuit.

The initial step of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity owed you a duty to act with reasonable care. The next step is to prove that the breach occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the situation.

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

You must also be able to prove that the breach of duty directly led you to experience injury. This is known as causation and it is the third element in a negligence claim. In the majority of instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. For instance, a misdiagnosis could lead to the wrong medication or treatment being prescribed and could result in an adverse reaction, like a heart attack.

Breach of Duty

Like everyone else who are legally obligated to act, doctors also have an obligation to exercise diligence and care. Doctors are held to higher standards but because they are medical malpractice law firm experts and make life-or-death decisions. The obligation of care can be found in laws and standards for specific kinds of treatments and procedures.

One of the most important elements that needs to be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. Then, it needs to be proved that the defendant violated that duty of care. This means that the doctor failed to live up to the standard of care in the particular situation. The standard of care is typically determined by what a reasonable individual would do under the circumstances. A reasonable driver, for instance will not go through an intersection at a stoplight.

In a malpractice case, expert witnesses are typically required to testify regarding the standard of care and the way in which it was violated. They can also explain how the injury occurred and what could be done to prevent it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect against potential losses that might arise due to medical negligence. To bring a claim for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your lawyer will determine your medically required expenses through a review your medical records, evidence from experts as well as the assistance of economic experts. For the loss of your earnings the medical malpractice lawyer must also prove the number of days you were absent from work because of your medical complications and the fact that the absences resulted from the defendant's negligence.

Non-economic damages can be harder to prove. You may require the assistance of a professional witness who can detail your mental, physical, and emotional pain that is a direct result of the defendant's negligence. Loss of consortium is a different kind of non-economic loss. This is the inability to enjoy an intimate relationship with your spouse or other significant person as you once did. The attorney representing the defendant will challenge your non-economic losses through interrogatories, depositions and requests for documents and statements 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 can be filed. If not the court will not dismiss the case. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure that your claim is filed before the deadlines set by law.

In most cases, a victim of medical malpractice must bring a lawsuit within two and a half years from the date that the act or omission of a health care provider resulted in the death or injury. However as with all laws, there are a few exceptions to this rule. For instance in the event that the error by the health professional was part of a continuous course of treatment, the 30-month legal "clock" will not begin until the treatment is completed or until the patient learns about the diagnosis.

In some cases it is possible that a patient will not recognize the problem until a long time after for instance, if a foreign body remains in the body following surgery or treatment. In order to deal with this issue, a majority of states have implemented the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will be familiar with the laws of your state and will review your case's timeline carefully to avoid any administrative errors that can derail your claims.