Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must observe the highest standards of care when treating their patients. If a doctor does not adhere to accepted medical practice and it results in an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are accepted by the medical profession as being reasonable and prudent in providing medical healthcare. When those standards are not met and that failure causes harm or health issues, a patient may be able to sue for medical malpractice lawsuit.

The initial step of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person had a legal obligation to act in a reasonable manner. Then, you must show that the breach of this duty 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 be able to help determine whether or not the defendant's actions fall below the accepted standard of care in your particular circumstance. To allow the expert to arrive at this conclusion, they will need to be able review your medical records and conduct an examination or interview with you.

You must also be able to establish that the breach of duty caused you to suffer injuries. Causation is the third element in a malpractice lawsuit. In the majority of cases, you will require an obvious cause-and effect relationship between the breach of duty and subsequent injury. A mistake in diagnosis, for instance one, could result in the wrong medication being prescribed or treatment being administered. This can cause an adverse reaction such as a heart attack.

Breach of Duty

As with all other professionals physicians, doctors are legally bound by an obligation to act with diligence and care. Doctors are held to an even higher standard but because they are medical experts and have the authority to make life-or-death decisions. The obligation of care is found in laws and standards governing specific types of treatment and procedures.

In a negligence case, it is vital to prove that the defendant had the obligation of taking care of the plaintiff. It must be proven that the defendant violated this obligation of care. This means that the doctor Medical Malpractice attorney failed to perform to the required standard of care applicable to the situation. The standard of care is usually determined by what a reasonable individual would do in similar circumstances. For example, a reasonable driver would not stop at a red light.

In a malpractice case experts are usually needed to testify about the standards of care and the way in which it was violated. They can also explain the cause of the accident and what could have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any losses that may arise from medical malpractice lawyers negligence. In order to make an action for damages the plaintiff must demonstrate 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 suit depends on how your New York medical malpractice lawyer presents the case for your losses. Your lawyer can establish your medically necessary expenses by examining your medical records, evidence from experts and the use of economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the amount of days that you missed working due to medical conditions, and also the reason for these absences were due to the negligence of the defendant.

Non-economic losses are more difficult to prove and could require the help of a professional who will testify about your physical, emotional and mental suffering due to the negligence committed by the defendant. Other kinds of non-economic damages 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 your significant other. The lawyer representing the defendant will challenge your non-economic damages in the form of interrogatories and depositions and also requests for documents and sworn declarations.

Statute of limitations

In New York, as with every state, there are definite time frames - also known as statutes of limitations within which a medical negligence lawsuit must be filed, or otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be well-versed in the nuances of these deadlines. They will also ensure that your claim is submitted before the deadlines specified by law.

In the majority of cases, the victim of medical negligence is required to be able to file a lawsuit within two and a half years from the date the act or omission by the health professional caused injury or death. However as with all laws there are some exceptions to this rule. For instance in the event that the health care provider's error was part of an ongoing course of treatment, the 30-month mandatory "clock" will not start until that course of treatment is completed or until the patient learns of the diagnosis.

Additionally, in certain instances, such as when a foreign object is left inside the body after surgery or treatment, it might not be possible for a patient or patient's family to determine that there was a problem until much later. This is why many states have enacted an idea of law known as the discovery rule that permits injured victims to extend these deadlines in certain circumstances. Your attorney will know the specific rules in your state and will carefully look over your case's timeline in order to avoid administrative errors that could impede your claim.