Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

According to common law, doctors are required to follow a certain standard of care when treating patients. If a physician does not follow the accepted medical standard and causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals are required to follow a set of standards accepted by the medical industry as being prudent and reasonable when providing care. Patients may be legally able to bring a lawsuit for Medical Malpractice Law Firms medical malpractice if these standards aren't adhered to and the breach causes injuries or health problems.

The first step in a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the person or entity was obligated to act with reasonable care. The next step is to prove that the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and assessment of the situation.

An expert witness can determine whether the defendant's actions were below the accepted standard in your particular case. The expert will review your medical records, and then interview or testify against you in order to determine this.

You must also show that the breach directly led to your injury. This is known as causation, and it is the third element in a negligence claim. In most cases, you'll require a direct cause & result relationship between the breach of duty and the resulting injury. For instance, a wrong diagnosis could lead to the wrong treatment or medication being administered, which results in an adverse reaction such as heart attacks.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to exercise diligence and care. However doctors are held to an even higher standard since they are considered experts in medicine and have to make life and death decisions. The obligation of care is outlined in laws and standards for specific types of treatments and procedures.

In a case of negligence it is crucial to prove that the defendant owed the obligation of taking care of the plaintiff. It must be established that the defendant violated this 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 reasonable individual would do in the same situation. For instance the reasonable driver would not speed through when there is a red light.

In a case of malpractice, expert witnesses are often needed to testify regarding the standard of care and the way in which it was violated. They can also describe how the injury occurred and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect against potential loss that may result from medical malpractice law firms negligence. To bring an action for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of money you will receive from a successful malpractice lawsuit is contingent upon how your New York medical malpractice lawyer can argue for your losses. Your attorney can establish medically required costs by looking over your Medical Malpractice Law Firms records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days that you missed from work because of medical complications, and the reason for these absences were the result of the negligence of the defendant.

The non-economic loss can be more difficult to prove and may require the assistance of a professional who will testify about your physical, emotional, and mental pain as a result of negligence of the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you did with your spouse or your significant other. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through a process of depositions, interrogatories, and requests for documents and evidence under oath.

Statute of limitations

In New York, as with every state, there are definite deadlines - commonly referred to as statutes of limitations within which a medical malpractice lawsuit must be filed or otherwise it will be rejected by the courts. An experienced New York medical malpractice lawyer is well-versed in these details and will ensure your claim is filed by the deadlines established by law.

In most cases, a victim of medical malpractice has to present a lawsuit within two and a half years from the date that the act or omission of a healthcare professional resulted in the death or injury. As with all laws this rule has its exceptions. For instance if the error by the health professional was part of an ongoing course of treatment, the 30-month legal "clock" will not start until the treatment is completed or the patient is informed of the diagnosis.

In certain instances the patient may not realize the problem until a considerable time later, for example when a foreign object is left in the body following surgery or treatment. This is why many states have adopted the legal concept of discovery rule that allows injured victims to extend these deadlines in certain circumstances. Your attorney will be well-versed in the laws of your state and will go over your case's timeline carefully to avoid administrative mistakes that could impede your claim.