Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor does not adhere to accepted medical practice and it results in an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as reasonable and prudent in providing care. A patient may be legally able to bring a lawsuit for medical malpractice if the standards aren't being met and the result is injuries or health issues.

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

This expert witness can help determine whether the defendant's actions were less than the accepted standard in your situation. To enable the expert to make this decision they must be able review your medical records and conduct an examination or interview with you.

You must be able to show that the breach directly caused your injury. Causation is a third element in a malpractice lawsuit. In most cases, you'll require a direct cause and result connection between the breach of duty and the subsequent injury. A misdiagnosis, for instance one, could result in prescribing the wrong medicine or treatment being administered. This could cause an adverse reaction, medical malpractice lawsuit such as a heart attack.

Breach of Duty

Physicians, like all other people, are legally bound by a obligation to exercise reasonable care and caution. However, doctors are held to an even higher standard due to the fact that they are considered medical experts and deal with life and death decisions. The obligation of care is outlined in laws and standards for specific types of treatment and procedures.

In a negligence case, it is essential to establish that the defendant was bound by a duty to care for the plaintiff. Then, it has to be established that the defendant violated the duty of care. This means that the doctor did not meet the standard of care in the specific circumstance. The standard of care is typically determined by what a reasonable individual would do in the same situation. For example an honest driver would not stop at the red light.

In a case of malpractice, expert witnesses may be required to testify about the standard of care violated and the manner in which this standard was violated. They can also explain the reason for the accident and what could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect themselves against any loss that may result from medical malpractice lawsuit negligence. To make a claim for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation received from a successful malpractice suit is contingent upon the way in which your New York medical malpractice lawyer makes the case for your losses. Your lawyer will determine your medically required expenses by examining your medical records, testimony from experts and the assistance of economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days you were absent working due to medical conditions, and also that these days were due to the negligence of the defendant.

Non-economic losses can be more difficult to prove, and may require the assistance of a professional who can give evidence about your physical, emotional and mental distress due to the negligence of the defendant. Loss of consortium is another type of non-economic injury. This is the inability to maintain an intimate, sexual relationship with your spouse or another significant person like you used to. The defendant's lawyer will challenge your non-economic damages with the help of interrogatories, depositions, and requests for documents and sworn testimony.

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. Otherwise the court could dismiss it. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed before the deadlines that are set by law.

In the majority of cases, the victim of medical negligence has to be able to file a lawsuit within two and a half years from the time the act or omission committed by the health professional caused the death or injury. As with all laws this rule is not without exceptions. For instance when the error made by the health care professional was part of an ongoing course of treatment, the 30 month legal "clock" will not start until that course of treatment is completed or the patient becomes aware of the diagnosis.

In some instances patients may not realize the problem until a long time after, for example in the event that a foreign substance is left within the body after surgery or treatment. This is why many states have enacted the legal concept known as the discovery rule that permits injured victims to extend deadlines under certain circumstances. Your attorney will know the specific laws in your state and carefully look over your case's timeline in order to ensure that there are no administrative mistakes that can derail your claim.