Why You Need a Medical Malpractice Lawyer

A medical malpractice law firms malpractice lawyer helps injured victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors must adhere to the standard of care when treating their patients. If a doctor does not adhere to the accepted medical norms and causes an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being sensible and prudent in providing treatment. A patient might be able to file a lawsuit against a medical professional if those standards aren't met and the result is injuries or health complications.

The first part of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity had a legal obligation to act reasonably. Then, you have to prove that the breach of that duty occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

The expert witness can determine whether the defendant's actions are less than the accepted standard in your particular case. To allow the expert to determine this they must be able to look over your medical records and conduct an examination or interview of you.

You must also prove that the breach directly caused your injury. Causation is the third element in a malpractice lawsuit. In the majority of cases, you will require 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, which in turn causes an adverse reaction, such as heart attacks.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to exercise the utmost care and caution. However doctors are held to a higher standard because they are considered medical experts and have to make life and death decisions. The obligation of care is outlined in laws and standards for specific kinds of treatments and procedures.

One of the primary elements that must be proven in a negligence case is that the defendant owed a duty to care to the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor failed to meet the standard of care in the specific circumstance. The standard of care is usually determined by what an ordinary person would do in the same circumstances. For instance, a reasonable driver wouldn't run when there is a red light.

In a case of malpractice expert witnesses could be required to provide evidence on the standard of care violated and how this standard was violated. They can also discuss the reason behind the accident and what could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. To submit 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 suffering and pain).

The amount of compensation received from a successful malpractice lawsuit depends on the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney will establish medically necessary expenses by examining your medical records, utilizing expert testimony and medical malpractice attorney consulting economic experts. In order to prove your loss of earnings the medical malpractice attorney malpractice lawyer has to prove the number of days you missed work due to your medical conditions and the fact that these missed work days were the result of the negligence of the defendant.

Non-economic damages can be harder to prove. You may require the assistance of a professional witness who can describe your physical, mental, and emotional distress as directly resulting from the defendant's negligence. Loss of consortium is a second type of non-economic injury. This is the inability of having a romantic, sexual connection with your spouse or other significant person like you once did. The defendant's attorney will challenge the non-economic damages you suffer through interrogatories, depositions, and demands for medical malpractice attorney documents and declarations under the oath.

Statute of Limitations

In New York, as with every state, there are specific time limits - commonly known as statutes of limitations within which a medical negligence lawsuit must be filed, or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is skilled will be familiar with the specifics of these deadlines and will ensure that your claim is filed before the deadlines set by law.

In most instances, the victim of medical malpractice has to make a claim within two and a half years of the date that the negligence or act of a health care provider caused the injury or death. However like with all laws there are a few exceptions to this rule. If, for example, the error made by the health professional was part of a continuing treatment plan, then the "clock" of 30 months will not begin until the treatment is completed or the patient is informed of the diagnosis.

Additionally, in some cases like when a foreign object is found in the body after surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. For this reason, most states have adopted an idea of law known as the discovery rule which permits injured victims to extend deadlines in certain circumstances. Your attorney will be well-versed in the laws of your state and will scrutinize your case's timeline carefully to avoid mistakes in the administration that can derail your claims.