Why You Need a Medical Malpractice Lawyer

A medical malpractice attorneys malpractice lawyer helps injured patients get compensation for their losses. The common law system governs medical malpractice lawsuits.

In the common law, doctors must observe the standard of care when treating their patients. If a doctor is not following the accepted medical practices and results in injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being reasonable and prudent in providing care. If the standards aren't followed and if they cause injuries or health problems the patient may be able to sue for medical malpractice lawsuit.

The first part of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the person or entity was bound to act in a reasonable way. Then, you need to prove that a breach of that obligation occurred. This is typically done an expert witness that can provide a objective analysis and evaluation.

An expert witness can determine whether the defendant's actions were not in line with the accepted standards in your specific case. In order for the expert to determine this they must be able to look over your medical records and conduct an examination or interview with you.

You also need to prove that the breach of duty directly caused you to experience injury. Causation is the 3rd element in a malpractice claim. In most instances, you'll need to have an exact cause-and-effect link between the breach of duty and the subsequent injury. A misdiagnosis, for instance one, could result in prescribing the wrong medication or treatment being administered. This can result in an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to act with the utmost care and caution. However doctors are held to a higher standard due to the fact that they are considered experts in medicine and have to make life and death decisions. The obligation of care can be found in laws and standards governing certain types of treatments and procedures.

One of the first elements that must be proven in a negligence case is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant did not fulfill this obligation of care. This means that the doctor failed to adhere to the standard of care in the particular situation. The standard of care is usually determined by what a typical person would do in similar circumstances. A reasonable driver, for instance would not operate at a traffic light.

In a case of malpractice, experts are usually needed to testify about the standards of care and the way in which it was violated. They can also provide the reason for the injury and what could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To bring 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 suffering and pain).

The amount of compensation you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your lawyer can establish medically essential costs by examining your medical records, using experts' testimony, and consulting economic experts. In order to establish your loss of earnings the medical malpractice lawyer has to prove the number of days you were off work due to your medical condition and also the fact that these missed work days were the result of the defendant's negligence.

The non-economic damages may be more difficult to prove. You may require assistance from a professional witness who can detail your physical, mental and emotional pain as an direct result of defendant's negligence. Other forms of non-economic damages 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 lawyer representing the defendant may challenge your noneconomic damages by way of interrogatories and depositions and requests for documents and sworn declarations.

Statute of limitations

In New York, as with every state, there's a set of time frames - also known as statutes of limitation within which a medical negligence lawsuit must be filed else it will be dismissed by the courts. An experienced New York medical malpractice lawyer is aware of these specifics and will ensure that your claim is filed by the deadlines stipulated by law.

In the majority of cases, victims of medical malpractice has to file his or her lawsuit within two and a half years from the date when the negligence or act of a health care provider resulted in the death or injury. As with all laws, this rule has its exceptions. For instance when the error by the health professional was part of an ongoing course of treatment, the 30 month statutory "clock" will not start until the course of treatment is completed or when the patient becomes aware of the diagnosis.

In some cases, a patient may not recognize the problem until a considerable time later for instance when a foreign object is left in the body following surgery or treatment. To solve this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will be aware of the rules of your state and will go over your case's timeline carefully to avoid administrative errors that can derail your claims.