Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps victims get compensation for their losses. The common law system governs medical malpractice lawsuits.

In the common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor deviates from the accepted medical norms and results in an injury or death it could be liable for medical malpractice negligence.

Duty of Care

Medical professionals are required to follow a set of standards accepted by the medical industry as being reasonable and prudent when they provide care. If those standards are not followed and if they cause injury or health complications patients may have grounds to file a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they owed you an obligation to act in a reasonable manner. The next step is to prove that the breach occurred. This is usually done by an expert witness that can provide a objective analysis and evaluation.

The expert witness will determine if the defendant's actions fall below the accepted standard of care in your particular situation. The expert will need to review your medical records, and also interview or question you in order to arrive at this conclusion.

You should also be able to prove that the breach of duty directly led the injuries. Causation is the third factor in a claim for malpractice. In the majority of cases, you'll require a direct cause and result connection between the breach of duties and the subsequent injury. A misdiagnosis for instance one, could result in the wrong medication being prescribed or treatment being administered. This could cause a negative reaction such as heart attacks.

Breach of Duty

Just like everyone else, doctors have a legal obligation to exercise care and prudence. Doctors are held to an even higher standard however, since they are medical experts and have the authority to make life-or-death decisions. The duty of care is set in the law and standards that govern specific types of treatments and procedures.

In a negligence case, it is crucial to prove that the defendant owed the obligation of taking care of the plaintiff. It must be established that the defendant breached this obligation of care. This means that the doctor failed to meet the standard of care in the specific situation. The standard of care is generally determined by what a reasonable person would do in the situation. A reasonable driver, for instance would not use a traffic light.

In a malpractice case expert witnesses are typically required to testify about the standard of care and the way in which it was violated. They can also provide 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 the risk of losses resulting from medical negligence. To submit a claim for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney will argue for your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and consulting economic experts. For the loss of your earnings your medical malpractice lawyer should also show the number of times you missed work because of your medical complications and the fact that these missed work days were due to the defendant's negligence.

Non-economic damages can be difficult to prove. You may require the assistance of a professional witness who can explain your physical, mental and emotional pain that is an direct result of defendant's negligence. Loss of consortium is a different kind of non-economic loss. It is the inability to enjoy a loving, sexual relationship with your spouse or other significant person as you once did. The lawyer representing the defendant will challenge your non-economic damages with the help of interrogatories, depositions, Medical malpractice as well as requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there are certain time limitations - referred to as statutes of limitations - within which a medical negligence lawsuit must be filed or else it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed within the deadlines stipulated by law.

In most cases, the victim of medical negligence must file a lawsuit within two-and-ahalf years from the time the act or omission made by the health professional resulted in the injury or death. However as with all laws there are some exceptions to this rule. For instance, if the error made by the health professional was part of a ongoing course of treatment, then the "clock" of 30 months will not begin until the course of treatment has been completed or the patient has been informed of the diagnosis.

In certain instances the patient may not realize the problem until a long time later, for example the case where a foreign body is left in the body following surgery or treatment. For this reason, most states have enacted a legal concept called the discovery rule which permits injured victims to extend these deadlines in certain circumstances. Your attorney will be well-versed in the laws of your state and will scrutinize the timeline of your case carefully to avoid any administrative errors that could cause delays to your claim.