Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The common law system regulates medical malpractice claims.

In the common law, doctors must adhere to the highest standards of care when treating their patients. If a doctor is not following the accepted medical practices and results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standards that are accepted by the medical profession as being reasonable and prudent when providing care. A patient could be able to file a lawsuit for medical malpractice if the standards aren't adhered to and the breach causes injuries or health complications.

The first step in a malpractice case is to prove that you were a client of the healthcare provider and that they owed you a duty to act in a fair manner. The next step is to prove that the breach occurred. This is usually accomplished by expert testimony that can provide an objective analysis and evaluation.

The expert witness will help determine if the defendant's actions were below the accepted standard in your situation. The expert will need to review your medical records, and interview or examine you to determine this.

You should also be able to prove that the breach of duty directly caused you to experience injury. Causation is the third element in a malpractice claim. In the majority of cases, you will require a direct cause and effect connection between the breach of duties and the resulting injury. A misdiagnosis, for instance may result in prescribing the wrong medication or treatment being administered. This could cause a negative reaction such as heart attacks.

Breach of Duty

As with all people, are required by law to fulfill a obligation to exercise reasonable care and caution. However doctors are held to a higher standard because they are considered medical experts who make life and death decisions. The responsibility of medical care is described in the law and standards that apply to certain kinds of treatments and procedures.

One of the first things that must be established in a negligence case is that the defendant owed a duty to care to the plaintiff. It must be proved that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standard of care in the given situation. The quality of care is usually determined by what a typical person would do in the same circumstances. For example an honest driver would not stop at a red light.

In a malpractice lawsuit, expert witnesses may be needed to testify on the standard of care that was breached and the way in which this standard was violated. They can also provide a detailed explanation of the reason for the injury and what could have been done to avoid it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical malpractice attorneys negligence. To file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages), as well as non-economic losses (such suffering and pain).

The amount of compensation received from a successful malpractice suit depends on the way in which your New York medical malpractice lawyer presents the case for your losses. Your attorney will establish medically essential costs by examining your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the amount of days that you missed from work due to medical complications, and the fact that these days resulted from the defendant's negligence.

Non-economic damages are more difficult to prove. You may require the assistance of an expert witness who can detail your physical, mental and emotional pain that is a direct result of the defendant's negligence. Other types of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or significant other. The lawyer representing the defendant will challenge your non-economic damages with the help of interrogatories, depositions, and also requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there's a set of time frames - also known as statutes or limitations within which a medical malpractice lawsuit must be filed, or otherwise it will be rejected by the courts. A seasoned New York medical malpractice lawyer is well-versed in these details and will ensure your claim is filed by the deadlines set by law.

In most cases, the victim of medical negligence must bring a suit within two and a half years from the time the act or omission of the health professional caused death or injury. As with all laws, this rule is not without exceptions. For instance, if the error of the health care provider was part of a continuous course of treatment, the 30-month mandatory "clock" will not start until the course of treatment is completed or until the patient learns of the diagnosis.

Additionally, in certain instances for instance, when a foreign object is left in the body after surgery or treatment, it might not be possible for a patient to discover that there was a problem until much later. In order 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 attorney will be aware of specific rules of your state and carefully review your case timeline to avoid administrative errors that could impede your claim.