Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help injured victims get compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors must observe an ethical standard when treating their patients. If a doctor violates accepted medical practice and results in injury or death, they could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as reasonable and prudent when providing medical care. If these standards aren't met and that failure causes harm or health issues the patient may have grounds to file a medical malpractice lawsuit.

The first element in a malpractice lawsuit is to establish that you were a client of the healthcare provider and that they owed you a duty to act in a fair manner. Then, you need to prove that the breach of that obligation occurred. This is usually accomplished by using expert testimony that can provide an objective analysis and evaluation.

The expert witness will help determine whether or not the defendant's actions were below the standard of care that is accepted in the particular case. The expert will need to review your medical records, and interview or examine you to make this decision.

You must also be able to establish that the breach of duty directly caused the injury. This is known as causation and it is the third requirement of a malpractice claim. In most cases, you will require an immediate cause-and-effect connection between the breach of duty and the resulting injury. A misdiagnosis for instance can result in prescriptions for the wrong drug or treatment being given. This can cause an adverse reaction such as a heart attack.

Breach of Duty

Like everyone else who are legally obligated to act, doctors also have an obligation to exercise care and prudence. Doctors are held to a 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 specific types of treatments and Medical malpractice procedures.

One of the first things to be established in a negligence claim is that the defendant was bound by a duty care to the plaintiff. It must be proved that the defendant violated this duty of care. This means that the doctor failed to meet the standards of care appropriate to the circumstances. The standard of care is usually determined by what an ordinary person would do under the same situation. For instance an honest driver would not speed through when there is a red light.

In a lawsuit involving a malpractice, expert witnesses may be needed to testify on the standard of care that was violated and the way in which this standard was breached. They can also provide the reason behind the injury and what could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. To file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) as well as non-economic losses (such suffering and pain).

The amount of compensation you receive from a successful malpractice suit is contingent on how your New York medical malpractice lawyer presents the case for your losses. Your attorney can determine your medically required expenses through a review of your medical records, evidence from experts as well as the assistance of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days you have missed from work due your medical complications, and that these days were the result of the defendant’s negligence.

Non-economic damages can be difficult to prove. You may require the assistance of an expert witness who can explain your physical, mental and emotional pain that is directly resulting from the defendant's negligence. Loss of consortium is a different type of non-economic injury. This is the inability to enjoy a romantic, sexual connection with your spouse or any other significant person in the same way you used to. The lawyer representing the defendant may challenge your non-economic damages through the use of interrogatories, depositions, and also requests for documents and sworn declarations.

Statute of limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not the court could dismiss the case. A New York medical malpractice attorney who is knowledgeable will be aware of the nuances of these deadlines, and will ensure that your claim is filed within the deadlines set forth by law.

In the majority of cases, the victim of medical negligence must be able to file a lawsuit within two and a half years from the time the act or omission committed by a health care provider resulted in injury or death. As with all laws, this one is not without exceptions. For instance, if the health care provider's error was part of an ongoing course of treatment, the 30 month legally required "clock" will not begin until the treatment is completed or the patient becomes aware of the diagnosis.

Additionally, in certain instances like when a foreign object is found within the body following surgery or treatment, it might not be possible for a patient or patient's family to determine that there was a problem until much later. In order to solve this issue, the majority of states have adopted 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 rules in your state and will go over the timeline of your case to ensure that there are no administrative mistakes that can derail your claim.