Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

In common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor deviates from the accepted medical standard and results in an injury or death it could be liable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards that are accepted by the medical malpractice law firms profession as being prudent and reasonable when providing healthcare. When those standards are not followed and the result is harm or health issues the patient could be able to file a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question, and that the entity or person had a legal obligation to act in a reasonable way. Then, you have to prove that a breach of that obligation occurred. This is typically done expert testimony that can provide a objective analysis and evaluation.

This expert witness will be able help determine whether or not the defendant's actions fell below the accepted standard of care in your particular case. The expert will need to look over your medical records and interview or cross-check you in order to determine this.

It is also necessary to establish that the breach of duty caused you to suffer injury. Causation is the third factor in a claim for malpractice. In the majority of cases, you'll require a direct cause and effect relationship between the breach of duties and the subsequent injury. For instance, a wrong diagnosis could lead to the wrong medication or treatment being administered, which can result in an adverse reaction, like a heart attack.

Breach of Duty

Just like everyone else medical professionals, doctors are under a legal obligation to act with the utmost care and caution. Doctors are held to an even higher standard due to the fact that they are medical experts and can make life-or-death decisions. The duty of care is outlined in the regulations and standards that are situated for specific types of procedures and treatments.

One of the first things that must be proven in a negligence lawsuit is that the defendant owed a duty to care to the plaintiff. Then, it has to be established that the defendant violated that duty of care. This means that the doctor failed to meet the standard of care in the specific situation. The quality of care is usually determined by what a reasonable person would do in the same situation. A reasonable driver, for example would not use the traffic light.

In a case of malpractice, experts are usually needed to testify about the standards of care and the manner in which it was breached. They can also explain the reason behind the accident and what could have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect against potential damages that could result from medical negligence. In order to submit an action for damages the plaintiff has to prove 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 received from a successful malpractice lawsuit is contingent on how your New York medical malpractice lawyer makes the case for your losses. Your attorney will be able to determine your medically required expenses through a review your medical records, the testimony of experts and the assistance of economic experts. For the loss of your earnings your medical malpractice attorneys malpractice lawyer has to establish the number of days you missed work because of your medical conditions and the fact that these missed work days were the result of the negligence of the defendant.

The non-economic loss can be more difficult to prove and could require the assistance of a professional who will be able to testify about your physical, emotional and mental distress as a result of negligent actions of the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or your significant other. The defendant's lawyer will challenge your noneconomic damages by way of depositions and interrogatories as well as requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there's a set of time limits - commonly known as statutes or limitations within which a medical malpractice lawsuit must be filed otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be familiar with the specifics of these deadlines and ensure that your claim is filed within the deadlines specified by law.

In most cases, a victim of medical malpractice must bring a lawsuit within two and a half years of the date that the act or omission of a healthcare professional caused the injury or death. However like with all laws, there are a few exceptions to this rule. If, for example, the error of the health professional was part of a continuous course of treatment, the "clock" of 30 months won't start until the treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in certain instances, such as when a foreign object is left inside the body after surgery or treatment, it might not be possible for a patient or patient's family to determine 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 permits injured victims in certain circumstances to extend their deadlines. Your attorney will know the specific laws in your state and will look over your case's timeline in order to ensure that there are no administrative mistakes which could cause delays to your claim.