Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients receive compensation for their losses. The common law system governs medical malpractice lawsuits.

In common law, doctors are required to adhere to the standard of care when treating their patients. If a doctor does not adhere to accepted medical procedures and results in injury or death they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as being reasonable and prudent in their medical care. If these standards aren't followed and the result is injuries or health issues the patient could be able to bring a medical malpractice lawsuit.

The first element in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they had a duty to act in a reasonable way. You then need to prove that the breach occurred. This is usually done expert testimony that can provide an objective analysis and evaluation.

The expert witness will help determine if the defendant's actions were below the accepted standard in your specific case. In order for the expert to make this determination, they will need to be able to look over your medical records and conduct an examination or interview with you.

It is also necessary to prove that the breach of duty directly caused the injury. This is known as causation, medical malpractice and it is the third element in a malpractice claim. In most cases, you will require an obvious cause-and medical malpractice effect relationship between the breach of duty and the resulting injury. A misdiagnosis, for instance one, could result in the wrong medication being prescribed or treatment being administered. This in turn can cause an adverse reaction, such as heart attacks.

Breach of Duty

Doctors, just like other people, are legally bound by a obligation to exercise reasonable care and prudence. Doctors are held to an even higher standard due to the fact that they are medical experts who make life-or-death decisions. The duty of care is found in the laws and standards that govern specific types of treatments and procedures.

In a case of negligence it is essential to establish that the defendant owed the obligation of taking care of the plaintiff. Then, it needs to be proved that the defendant violated the duty of care. This means that the doctor did not meet the standard of care in this particular situation. The standard of care is usually determined by what an ordinary person would do in the same situation. For example the reasonable driver would not speed through when there is a red light.

In a case of malpractice, expert witnesses are typically required to testify on the standard of care and the manner in which it was breached. They can also describe how the injury occurred and what could be done to stop it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To make an action for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of money you will receive from a successful lawsuit for malpractice depends on the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney can establish the medically necessary expenses by examining your medical records, using expert testimony and consulting economic experts. For the loss of your earnings your medical malpractice lawyer has to demonstrate the number of days you missed work due to medical condition and also the fact that these days off work were due to the negligence of the defendant.

Non-economic damages are more difficult to prove. You may require the assistance of an expert witness who can provide details of your physical, mental and emotional pain as an direct result of defendant's negligence. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship as you did with your spouse or significant other. The lawyer for the defendant will contest your noneconomic damages by way of depositions and interrogatories as well as requests for documents or sworn statements.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. Otherwise, the court will dismiss it. A seasoned New York medical malpractice lawyer is familiar with these nuances and will make sure that your claim is filed prior to the deadlines set by law.

In most cases, the victim of medical negligence is required to make a claim within two-and-a-half years from the time the act or omission made by an health professional resulted in the injury or death. However like all laws there are some exceptions to this rule. For instance, if the error of the health care provider was part of a continuing treatment plan, then the "clock" of 30 months won't start until the treatment is completed or the patient is informed of the diagnosis.

In some instances, a patient may not recognize the problem until a long time after for instance in the event that a foreign substance is left in the body following surgery or treatment. This is why many states have adopted the legal concept known as the discovery rule, which allows injured victims to extend these deadlines under certain circumstances. Your lawyer will be aware of the specific rules of your state and will look over your case's timeline in order to ensure that there are no administrative mistakes that could delay your claim.