Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured victims get compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In the common law, doctors are required to adhere to a specific standard of care when treating patients. If a physician does not follow accepted medical practice and it results in a death or medical malpractice Lawyer injury the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must follow a set of standards that are accepted by the medical profession as being reasonable and prudent in providing medical healthcare. Patients may be eligible to file a claim against a medical professional if those standards aren't met and the failure causes injuries or health complications.

The first step in a malpractice case is to establish that you were a patient of the healthcare provider and that they owed you an obligation to act in a reasonable way. The next step is to prove that a breach of that obligation occurred. This is typically done with the use of expert testimony who can provide an objective analysis and evaluation of the case.

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 circumstance. The expert will look over your medical records and also interview or question you in order to determine this.

You must also prove that the breach directly led to your injury. Causation is the third element in a claim for malpractice. In the majority of 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 can result in prescribing the wrong medicine or treatment being given. This in turn can result in an adverse reaction such as a heart attack.

Breach of Duty

As with all other professionals, doctors have a legal obligation to act with diligence and care. However, doctors are held to an even higher standard because they are medical experts and deal with life and death decisions. The obligation of care is found in the regulations and laws for specific kinds of treatments and procedures.

In a negligence case, it is vital to prove that the defendant owed an obligation to take care of the plaintiff. It must be proved that the defendant breached this obligation of care. This means that the doctor medical malpractice lawyer did not live up to the standard of care applicable to the situation. The quality of care is usually determined by what a typical person would do under similar circumstances. A reasonable driver, for example will not go through an intersection at a stoplight.

In a malpractice case expert witnesses could be required to testify regarding the standard of care violated and how the standard was violated. They can also discuss how the injury was caused and what could have been done to prevent it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any potential losses that may arise from medical negligence. In order to bring a claim for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of money you will receive from a successful malpractice lawsuit is contingent on the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney will establish medically essential costs by examining your medical records, utilizing expert testimony, and collaborating with economic experts. In order to prove your loss of earnings your medical malpractice lawyers malpractice lawyer must also establish the number of days you were absent from work due to medical issues and the fact that these absences were due to the defendant's negligence.

The non-economic loss can be more difficult to prove, and may require the help of a professional who can be able to testify about your physical, emotional, and mental suffering because of the negligence committed by the defendant. Loss in consortium is another type of non-economic damage. This is the inability to have an intimate relationship with your spouse or any other significant person as you once did. The lawyer representing the defendant will contest your non-economic damages by a process of interrogatories, depositions and requests for statements and documents under swearing.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. If not the court will decide to dismiss it. A New York medical malpractice attorney who has experience will be well-versed in the specifics of these deadlines. They will also ensure that your claim is filed prior to the deadlines set forth by law.

In most cases, victims of medical malpractice has to bring a lawsuit within two and a half years of the date on which the negligence or act of a health care provider caused the injury or death. Like all laws, this rule is not without exceptions. For instance when the error of the health care provider was part of an ongoing course of treatment, the 30-month legally required "clock" will not start until the treatment is completed or until the patient learns about the diagnosis.

Additionally, in certain situations like when an object that is foreign remains in the body following surgery or treatment, it might not be possible for a patient to discover the issue until much later. This is why many states have adopted the legal concept known as the discovery rule, which allows injured victims to extend these deadlines in certain instances. Your lawyer will be familiar with the rules of your state and will scrutinize the timeline of your case with care to avoid mistakes in the administration that could impede your claim.