Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor malpractice does not adhere to the accepted medical practices and results in a death or injury the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being reasonable and prudent when providing medical care. A patient could be legally able to bring a lawsuit for medical malpractice if the standards aren't being met and the breach causes injuries or health problems.

The initial step of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the entity or person was bound to act reasonably. Then, you must show that the breach of that duty occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.

The expert witness can determine whether the defendant's actions are not in line with the accepted standards in your case. The expert will need to review your medical records, and interview or cross-check you to make this determination.

It is also necessary to prove that the breach of duty caused you to experience injuries. This is known as causation and it is the third element in a malpractice claim. In the majority of cases, you will require an immediate cause-and-effect connection between the breach of duty and the resulting injury. For example, a misdiagnosis could lead to the wrong treatment or medication being administered and that can result in 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 diligence and care. Doctors are held to an even higher standard but because they are medical experts and make life-or-death decisions. The obligation of care is found in laws and standards governing specific kinds of treatments and procedures.

One of the primary elements that needs to be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be established that the defendant breached this obligation of care. This means that the doctor did not perform to the required standard of care in the particular situation. The quality of care is usually defined by what an average person would do under similar circumstances. A reasonable driver, for example, would not run the traffic light.

In a case of malpractice, experts are often required to testify about the standards of care and how it was violated. They can also provide what caused the injury and suggest ways to have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to cary medical malpractice law firm negligence. In order to file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages), as well as non-economic losses (such pain and suffering).

The amount of compensation received from a successful lawsuit for malpractice depends on the way in which your New York medical malpractice lawyer makes the case for your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, using expert testimony, and consulting economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days you were away from work because of medical problems, and proving that these missed days were a result of the defendant's negligence.

Non-economic damages can be more difficult to prove and might require the assistance of a professional who can provide evidence of your physical, emotional, and mental distress due to the negligence committed by the defendant. Other types of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you did with your spouse or significant other. The attorney representing the defendant will challenge your non-economic losses through depositions, interrogatories, and requests for documents and evidence under the oath.

Statute of limitations

In New York, as with every state, there's a set of time frames - also known as statutes of limitations - within which a medical negligence lawsuit must be filed or else 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. They will also ensure that your claim is filed within the deadlines stipulated by law.

In the majority of cases, a victim of medical negligence is required to file a lawsuit within two-and-ahalf years from the time the act or omission committed by an health professional resulted in injury or death. Like all laws, this rule is not without exceptions. For instance when the error by the health professional was part of a continuous course of treatment, the 30-month statutory "clock" will not begin until the treatment is completed or the patient learns of the diagnosis.

In some instances such as when a foreign object is left in the body following surgery or treatment, it might not be possible for a patient to discover the issue until much later. Because of this, many states have adopted the legal concept of discovery rule, which allows injured victims to extend these deadlines under certain circumstances. Your lawyer will be aware of the rules of your state and will go over your case's timeline carefully to avoid administrative mistakes that can derail your claims.