Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims receive compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In the common law, doctors are expected to adhere to a certain level of care when treating patients. If a physician does not follow the accepted medical standard and causes an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standard that are accepted by the medical profession as being prudent and reasonable in providing medical healthcare. If those standards are not met and that failure causes injuries or health issues the patient may have grounds to file a medical malpractice lawsuit.

The first step in a case of malpractice is to prove that you were a patient of the healthcare provider and that they had a duty to act in a reasonable manner. The next step is to prove that the breach occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the situation.

This expert witness will be able determine if the defendant's actions fell below the accepted standard of care in your particular situation. To allow the expert to arrive at this conclusion they must be able to examine your medical records and conduct an examination or interview of you.

You must also show that the breach directly led to your injury. Causation is the third factor in a malpractice claim. In most cases you will need a direct cause and effect relationship between the breach of duty and the resulting injury. For instance, a misdiagnosis could lead to the wrong treatment or medication being administered, which in turn causes an adverse reaction, like heart attacks.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to act with care and prudence. Doctors are held to a higher standard but because they are medical experts and make life-or-death decisions. The obligation of care can be found in the laws and standards that govern specific types of treatments and procedures.

One of the primary elements that must be proven in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be proved that the defendant did not fulfill this obligation of care. This means that the doctor failed to live up to the standard of care in the particular 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 operate an intersection at a stoplight.

In a case of malpractice, expert witnesses are typically required to testify on the standard of care and the way in which it was violated. They can also provide a detailed explanation of the reason for the injury and what could have been done to prevent it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. In order to submit a claim for damages the plaintiff must prove both 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 you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney argues for your losses. Your lawyer can establish medically essential costs by examining your medical records, utilizing expert testimony and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days that you missed working due to medical issues, and the fact that these days were due to the negligence of the defendant.

The non-economic loss can be more difficult to prove and may require the assistance of a professional who can testify about your physical, emotional, and mental distress as a result of the negligent actions of the defendant. Loss in consortium is another type of non-economic harm. It is the inability to enjoy a romantic, sexual connection with your spouse or another significant person like you used to. The defendant's attorney will challenge the non-economic damages you suffer through a process of interrogatories, depositions and requests for documents and evidence under oath.

Statute of Limitations

Like every state, Medical Malpractice Attorney New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. Otherwise the court will not dismiss the case. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your claim is filed before the deadlines stipulated by law.

In most cases, the victim of medical negligence has to bring a suit within two and a half years from the time the act or omission of the health professional resulted in injury or death. Like all laws, this rule is not without exceptions. If, for instance the error made by the health care provider was part of a ongoing course of treatment, the "clock" of 30 months cannot begin until the course of treatment is completed or the patient is informed of the diagnosis.

In certain instances, a patient may not recognize the problem until a long time after for instance, if a foreign body is left within the body after surgery or treatment. This is why many states have adopted the legal concept of discovery rule that allows injured victims to extend deadlines in certain circumstances. Your lawyer will be familiar with the laws of your state and will scrutinize the timeline of your case with care to avoid administrative errors that can derail your claims.