Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims receive 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 certain level of care when treating patients. If a physician violates accepted medical practice and results in injury or death, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards accepted by the medical industry as reasonable and prudent when they provide healthcare. When those standards are not adhered to and the failure results in injuries or health issues patients may have grounds to file a medical malpractice lawsuit.

The first element of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person was bound to act in a reasonable manner. The next step is to prove the breach of the obligation occurred. This is typically done the use of expert testimony which can provide an objective analysis and evaluation.

An expert witness can determine whether the defendant's actions fell less than the accepted standard in your case. In order for the expert to determine this they must be able review your medical records and conduct an examination or interview of you.

You must also establish that the breach directly caused your injury. This is known as causation, and it is the third component of a malpractice claim. In the majority of cases, you will require an exact cause-and-effect link between the breach of duty and subsequent injury. For instance, a wrong diagnosis could lead to the wrong medication or treatment being administered, which could result in an adverse reaction, like a heart attack.

Breach of Duty

Like all doctors medical professionals, doctors are under a legal obligation to exercise care and caution. Doctors are held to an even higher standard but because they are medical experts and make life-or-death decisions. The obligation of care can be found in the regulations and laws for certain types of treatments and procedures.

In a case of negligence, it is crucial to prove that the defendant owed an obligation to take care of the plaintiff. Then, it has to be proved that the defendant violated the duty of care. This means that the doctor did not meet the standards of care in this particular situation. The quality of care is usually determined by what a typical person would do in similar situations. A reasonable driver, medical malpractice lawsuit for example would not operate at a traffic light.

In a lawsuit involving a malpractice experts could be required to testify about the standard of care that was violated and how this standard was breached. They can also explain the cause of the injury and what could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential damages that could result from medical malpractice law firms negligence. To make an action for damages, the plaintiff has to prove 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 well your New York medical malpractice attorney fights for your losses. Your attorney can establish the medically necessary expenses through a review of your medical records, testimony from experts, and the use of economic experts. For the loss of your earnings, your medical malpractice lawyer should also demonstrate the number of days you were absent from work due to your medical condition and also the fact that these days off work resulted from the defendant's negligence.

Non-economic damages are more difficult to prove. You may require the assistance of an expert witness who can provide details of your physical, mental, and emotional pain as direct result of the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship as you did with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic damages through a process of interrogatories, depositions and requests for documents and statements under swearing.

Statute of Limitations

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

In the majority of cases, victims of medical malpractice must bring a lawsuit within two and a half years of the date on which the negligence or act of a healthcare professional resulted in the death or injury. Like all laws, this law is not without exceptions. For instance, if the error committed by the health professional was a part of a continual treatment plan, then the "clock" of 30 months won't start until the treatment has been completed or the patient has been informed of the diagnosis.

In some cases patients may not recognize the problem until a long time later for instance the case where a foreign body is left in the body following surgery or treatment. In order to solve this issue, the majority of states have implemented what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your lawyer will be aware of the specific laws in your state, and will carefully go over the timeline of your case to avoid any administrative errors that can derail your claim.