Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help patients who have suffered injuries get compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In the common law, doctors must follow an ethical standard when treating their patients. If a doctor deviates from the accepted medical standard and results in injury or death, he may be liable for negligence.

Duty of Care

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

The first thing to do in a malpractice case is to establish that you were a client of the healthcare provider and that they owed you an obligation to act in a reasonable way. You then need to prove that the breach occurred. This is usually done using expert testimony that can provide a objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions fell below the accepted standard in your situation. In order for the expert to arrive at this conclusion they must be able to review your medical records and conduct an examination or interview of you.

You must also be able to prove that the breach of duty directly caused you to experience injury. Causation is a third element in a claim for malpractice. In most cases you will need a direct cause and result relationship between the breach of duty and the subsequent injury. For example, a misdiagnosis could result in the wrong treatment or medication being administered and can result in an adverse reaction like heart attacks.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to act with care and caution. Doctors are held to an elevated standard but because they are medical experts and can make life-or-death decisions. The obligation of care is defined in the law and standards that govern specific kinds of treatments and procedures.

One of the first things that must be proven in a negligence claim is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant breached this duty of care. This means that the doctor Medical Malpractice law firm did not meet the standards of care in the specific circumstance. The quality of care is usually determined by what a reasonable person would do in the same situation. For example an honest driver would not stop at the red light.

In a malpractice lawsuit expert witnesses could be needed to testify on the standard of care that was not met and the manner in which this standard was breached. They can also discuss what caused the injury and suggest ways to have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To file a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation received from a successful lawsuit for malpractice is contingent on the way in which your New York medical malpractice law firm malpractice lawyer presents the case for your losses. Your attorney can establish the medically essential costs by examining your medical malpractice law firm records, utilizing experts' testimony, and consulting economic experts. In order to establish your loss of earnings your medical malpractice lawyer must establish the number of days you were away from work due to medical condition and also the fact that the absences were due to the negligence of the defendant.

Non-economic damages can be difficult to prove. You may require the assistance of an expert witness who can describe your mental, physical, and emotional distress as directly resulting from the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or significant other. The defendant's lawyer will challenge your non-economic damages in the form of interrogatories, depositions, along with requests for documents and sworn statements.

Statute of limitations

In New York, as with every state, there's a set of time limitations - referred to as statutes of limitation within which a medical negligence lawsuit must be filed otherwise it could be dismissed by the courts. A New York medical malpractice attorney who has experience will be aware of the specifics of these deadlines. They will also ensure that your claim is filed before the deadlines specified by law.

In most cases, a victim of medical malpractice must make a claim within two and a half years of the date when the negligence or act of a healthcare professional resulted in the death or injury. However like with all laws there are some exceptions to this rule. If, for instance, the error of the health professional was part of a ongoing course of treatment, the "clock" of 30 months will not begin until the treatment has been completed or the patient is informed of 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. In this regard, a majority of states have enacted the legal concept known as the discovery rule which permits injured victims to extend deadlines in certain instances. Your attorney will be aware specific laws of your state and carefully look over your case's timeline in order to avoid any administrative errors that can derail your claim.