Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

In the common law, doctors must follow an ethical standard when treating their patients. If a doctor violates accepted medical procedures and Medical malpractice Attorney results in death or injury, then he could be held accountable for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards accepted by the medical industry as reasonable and prudent in providing medical care. Patients may be able to file a lawsuit against a medical professional if those standards aren't met and the failure causes injuries or health problems.

The first element in a case of malpractice is to prove that you were a patient of the healthcare provider and that they owed you a duty to act reasonably. Then, you need to prove that the breach of this duty occurred. This is typically done the use of expert testimony which can provide a objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions were below the standard of care in your particular case. The expert will examine your medical records and interview or cross-check you in order to make this decision.

You should also be able to establish that the breach of duty directly caused you to suffer injuries. Causation is the third factor in a claim for malpractice. In the majority of cases, you will require a direct cause-and-effect relationship between the breach of duty and the resulting injury. For instance, a mistake in diagnosis could result in the wrong medication or treatment being administered and that could result in an adverse reaction, like heart attacks.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to act with care and prudence. Doctors are held to higher standards however, since they are medical experts who make life-or-death decisions. The duty of care can be found in the regulations and laws for specific kinds of treatments and procedures.

One of the first things that must be proven in a negligence case is that the defendant was bound by a duty of care to the plaintiff. It must be established that the defendant breached this obligation of care. This means that the doctor did not meet the standards of care appropriate to the circumstances. The standard of care is typically determined by what an ordinary person would do in the same situation. For example, a prudent driver would not speed through the red light.

In a malpractice case experts are often required to testify regarding the standard of care and how it was violated. They can also describe the reason behind the injury and what could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To be able to file a claim the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages), as well as non-economic losses (such suffering and pain).

The amount of money you will receive from a successful malpractice case depends on the way in which your New York medical malpractice lawyer can argue for your losses. Your lawyer can determine your medically required expenses through a thorough review of your medical records, testimony from experts and medical Malpractice Attorney the assistance of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the number of days you were absent from work due to medical issues, and that these days were a result of the negligence of the defendant.

Non-economic damages can be more difficult to prove and might require the assistance of a professional who can give evidence about your physical, emotional and mental distress as a result of negligence of the defendant. Loss in consortium is another type of non-economic harm. This is the inability of having a loving, sexual relationship with your spouse or other significant individual as you once did. The defendant's attorney will challenge the non-economic damages you suffer through depositions, interrogatories, and requests for documents and statements under swearing.

Statute of limitations

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

In most instances, the victim of medical malpractice attorneys malpractice must present a lawsuit within two and a half years of the date that the act or omission of a health care provider resulted in the death or injury. Like all laws, this law 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 course of treatment is complete or the patient learns about the diagnosis.

Additionally, in certain instances for instance, when a foreign object is found in the body after surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. In order to address this issue, the majority of states have adopted the discovery rule. This allows injured victims in certain situations to extend their deadlines. Your lawyer will be aware of the specific laws of your state, and will carefully examine your case's timeline to ensure that there are no administrative mistakes which could cause delays to your claim.