Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In the common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor violates accepted medical practices and results in injury or death, then he could be held liable for medical malpractice law firm negligence.

Duty of Care

medical malpractice Law Firm professionals are required to follow a set of standards accepted by the medical industry as reasonable and prudent when providing healthcare. Patients may be able to file a lawsuit for medical malpractice if the standards aren't adhered to and the result is injuries or health problems.

The initial step of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question and that the person or entity was bound to act with reasonable care. You must then prove the breach occurred. This is usually done by the use of expert testimony which can provide a objective analysis and evaluation.

This expert witness will determine if the defendant's actions fall below the accepted standard of care in your particular circumstance. To enable the expert to determine this they must be able to look over your medical records and conduct an examination or interview with you.

You must also show that the breach directly caused your injury. This is known as causation and it is the third requirement of a negligence claim. In the majority of cases, you'll need a direct cause and result connection between the breach of duty and the subsequent injury. A misdiagnosis, for example can result in prescribing the wrong medication or treatment being administered. This could cause a negative reaction such as heart attacks.

Breach of Duty

Just like everyone else medical professionals, doctors are under a legal obligation to act with the utmost care and caution. Doctors are held to an even higher standard, however, because they are medical experts and have the authority to make life-or-death decisions. The responsibility of medical care is described in the laws and standards that apply to certain types of procedures and treatments.

In a negligence case it is vital to prove that the defendant was bound by the duty of care for the plaintiff. Then, it must be proven that the defendant violated that duty of care. This means that the doctor did not meet the standard of care in the given circumstance. The standard of care is typically determined by what a reasonable individual would do in the same situation. For instance, a reasonable driver wouldn't run when there is a red light.

In a malpractice case, expert witnesses may be required to testify about the standard of care that was not met and how this standard was violated. They can also provide what caused the accident and what could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical 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 you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your attorney can establish medically necessary expenses by examining your medical records, using expert testimony, and consulting economic experts. In order to prove your loss of earnings Your medical malpractice attorneys malpractice lawyer should also prove the number of days you were absent from work due to medical condition and also the fact that these days off work resulted from the negligence of the defendant.

Non-economic losses are more difficult to prove and may require the help of a professional who will be able to testify about your physical, emotional, and mental suffering as a result of the negligence of the defendant. Loss of consortium is a different kind of non-economic loss. It is the inability to maintain a romantic, sexual connection with your spouse, or any other significant person in the same way you once did. The lawyer representing the defendant may challenge your non-economic damages with the help of interrogatories, depositions, and requests for documents and sworn declarations.

Statute of Limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court could dismiss it. A New York medical malpractice attorney who is experienced will be well-versed in the nuances of these deadlines, and will ensure that your claim is filed within the deadlines set by law.

In most instances, the victim of medical malpractice has to present a lawsuit within two and a half years of the date on which the negligence or act of a medical professional resulted in the death or injury. Like all laws, this rule has its exceptions. For instance, if the error of the health care provider was part of a ongoing treatment plan, then the "clock" of 30 months cannot begin until the treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in certain situations, such as when the foreign object remains in the body following surgery or treatment, it may not be possible for a patient to discover the issue until much later. For this reason, most states have enacted the legal concept of discovery rule that allows injured victims to extend these deadlines in certain instances. Your lawyer is familiar with the rules of your state and medical malpractice law firm will examine your case's timeline carefully to avoid mistakes in the administration which could delay your claims.