Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured patients get compensation for their losses. The common law system regulates medical malpractice lawsuits.

In common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor is not following accepted medical practice and it results in a death or injury it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as reasonable and prudent in their healthcare. A patient could be legally able to bring a lawsuit for medical malpractice if those standards aren't adhered to and the breach causes injuries or health issues.

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

The expert witness will help determine whether or not the defendant's actions fell below the accepted standard of care in your particular circumstance. The expert will need to review your medical records, and then interview or testify against you in order to make this decision.

You must also be able to establish that the breach of duty caused you to suffer injury. This is known as causation, and it is the third element of a malpractice claim. In the majority of cases, you'll require a direct cause and effect relationship between the breach of duties and the resulting injury. For instance, a mistake in diagnosis could lead to the wrong medication or lawsuits treatment being administered and can result in an adverse reaction, such as a heart attack.

Breach of Duty

Doctors, just like other people, are required by law to fulfill a obligation to exercise reasonable care and prudence. Doctors are held to an even higher standard however, since they are medical experts and make life-or-death decisions. The duty of care can be found in the regulations and laws for specific types of treatments and procedures.

In a case of negligence it is essential to establish that the defendant was bound by a duty to care for the plaintiff. Then, it needs to be proved that the defendant breached that duty of care. This means that the doctor did not meet the standards of care applicable to the situation. The standard of care is usually determined by what a normal person would do under the same circumstances. A reasonable driver, for instance would not use a traffic light.

In a malpractice case experts may be needed to testify on the standard of care violated and the way in which this standard was breached. They can also discuss how the injury was caused and what could have been done to prevent it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical malpractice lawyers negligence. In order to submit an action 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 suffering and pain).

The amount of compensation you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your attorney will be able to establish the medically necessary expenses through a thorough review of your medical records, evidence from experts and the use of economic experts. In order to prove your loss of earnings Your medical malpractice lawyer has to show the number of times you were absent from work because of your medical condition and also the fact that these missed work days resulted from the defendant's negligence.

Non-economic losses can be more difficult to prove and could require the help of a professional who can be able to testify about your physical, emotional, and mental pain because of the negligence of the defendant. Other types of non-economic losses 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 declarations.

Statute of Limitations

Like all states, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. If not the court will decide to dismiss the case. A New York medical malpractice attorney who is skilled will be familiar with the nuances of these deadlines and ensure that your claim is filed within the deadlines set forth by law.

In the majority of cases, a victim of medical malpractice has to file his or her lawsuit within two and a half years of the date when the negligence or act of a healthcare professional caused the injury or death. However like with all laws there are a few exceptions to this rule. For instance in the event that the error made by the health care professional was part of a continuous course of treatment, the 30-month legally required "clock" will not start until that course of treatment is completed or when the patient is informed of the diagnosis.

Additionally, in certain situations like when an object that is foreign remains in the body after surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. This is why many states have adopted a legal concept called the discovery rule that permits injured victims to extend these deadlines in certain situations. Your attorney will know the specific rules of your state and will examine your case's timeline to ensure that there are no administrative mistakes which could cause delays to your claim.