Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are required to adhere to a certain standard of care when treating patients. If a physician violates accepted medical practices and results in death or injury, then he could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as being reasonable and prudent in providing care. A patient may be able to file a lawsuit for medical malpractice if these standards aren't followed and the failure causes injuries or health complications.

The first element in a case of malpractice is to establish that you were a patient of the healthcare provider and that they owed you a duty to act in a reasonable manner. Then, you need to prove that the breach of that duty occurred. This is typically done using expert testimony that can provide a objective analysis and evaluation.

The expert witness can determine whether the defendant's actions are less than the accepted standard in your specific case. The expert will examine your medical records and interview or examine you in order to make this determination.

You must also establish that the breach directly caused your injury. This is known as causation and it is the third component of a negligence claim. In most cases you will require a direct cause & effect relationship between the breach of duties and the resulting injury. For instance, a misdiagnosis could result in the wrong medication or treatment being prescribed and can result in an adverse reaction, such as a heart attack.

Breach of Duty

Like all people, are required by law to fulfill a obligation to conduct themselves with reasonable care and prudence. However doctors are held to an even higher standard because they are considered experts in medicine and deal with life and death decisions. The duty of care is outlined in the laws and standards that are situated for specific types of procedures and treatments.

In a negligence case it is important to establish that the defendant owed an obligation to take care of the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor Medical malpractice attorney failed to adhere to the standard of care for the situation. The standard of care is typically determined by what a reasonable individual would do under the circumstances. For instance the reasonable driver wouldn't run when there is a red light.

In a malpractice lawsuit experts may be needed to testify on the standard of care that was not met and how the standard was breached. They can also describe the reason behind the injury and what could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. In order to bring 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 pain and suffering).

The amount of compensation you receive in a successful lawsuit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the amount of days you were absent from work because of medical issues, and the reason for these absences were a result of the defendant's negligence.

Non-economic losses can be more difficult to prove and might require the assistance of a professional who can provide evidence of your physical, emotional, and mental suffering because of the negligence committed by the defendant. Loss of consortium is a different type of non-economic harm. It is the inability to have an intimate, sexual relationship with your spouse or other significant individual as you used to. The lawyer for the defendant will attempt to challenge your non-economic losses through a process of interrogatories, depositions, and requests for statements and documents under oath.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. If not the court will decide to dismiss it. An experienced New York medical malpractice lawyer is aware of these specifics and will ensure your claim is filed by the deadlines stipulated by law.

In the majority of cases, a victim of medical negligence must be able to file a lawsuit within two and a half years of the date that the act or omission of medical professionals resulted in the death or injury. As with all laws, this rule is not without exceptions. For instance if the error by the health professional was part of a continuous course of treatment, the 30 month legal "clock" will not start until that course of treatment is completed or when the patient learns of the diagnosis.

In certain instances the patient may not discover the problem until a long time after, for example in the event that a foreign substance is left in the body following surgery or treatment. Because of this, many states have enacted a legal concept called the discovery rule that permits injured victims to extend deadlines under certain circumstances. Your attorney will know the specific laws of your state and carefully go over the timeline of your case to ensure that there are no administrative mistakes that could impede your claim.