Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients receive compensation for their losses. The common law system regulates medical malpractice claims.

According to common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor violates accepted medical practices and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as being reasonable and prudent in their healthcare. If those standards are not followed and if they cause injuries or health problems the patient could have grounds to file a medical malpractice lawsuit.

The first element in a malpractice case is to prove that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable way. You must then prove that the breach occurred. This is usually done through the use of expert testimony who can provide an objective analysis and assessment of the situation.

The expert witness will be able determine if the defendant's actions fall below the accepted standard of care in your particular case. The expert will need to look over your medical records and interview or examine you in order to make this determination.

You must also show that the breach directly caused your injury. Causation is the 3rd element in a claim for malpractice. In most instances, you'll require an obvious cause-and effect relationship between the breach of duty and the resulting injury. A mistake in diagnosis, for instance may result in prescriptions for the wrong drug or treatment being administered. This in turn can cause a negative reaction such as heart attacks.

Breach of Duty

Like all people, have a legal obligation to exercise reasonable care and prudence. Doctors are held to an elevated standard due to the fact that they are medical experts and make life-or-death decisions. The obligation of care is found in the regulations and laws for certain types of treatments and procedures.

One of the most important elements that needs to be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. It must be proven that the defendant breached this duty of care. This means that the doctor did not meet the standard of care in this particular circumstance. The standard of care is usually determined by what a normal person would do in similar circumstances. For example, a reasonable driver wouldn't run when there is a red light.

In a case of malpractice experts could be required to provide evidence on the standard of care that was not met and how this standard was violated. They can also provide what caused the injury and explain how they could have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting 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 you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney defends your losses. Your attorney can establish your medically necessary expenses through a thorough review of your medical records, evidence from experts, and the use of economic experts. For your loss of earnings your medical malpractice lawyer has to demonstrate the number of days you were off work because of your medical complications and the fact that these missed work days were the result of the defendant's negligence.

Non-economic damages can be harder to prove. You may require the assistance of a professional witness who can describe your physical, mental and emotional suffering as directly resulting from the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship as you did with your spouse or significant other. The defendant's attorney will challenge your non-economic damages through interrogatories and depositions as well as requests for documents and evidence under swearing.

Statute of limitations

In New York, as with every state, there are specific time limitations - referred to as statutes or limitations within which a medical negligence lawsuit must be filed else it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be well-versed in the specifics of these deadlines and ensure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence has to make a claim within two-and-a-half years from the date the act or medical malpractice attorney omission made by medical professionals resulted in the death or injury. Like all laws, this rule is not without exceptions. For instance, if the error of the health care provider was part of a continuous course of treatment, the "clock" of 30 months will not begin until the course of treatment is completed or the patient has been informed of the diagnosis.

Additionally, in certain situations for instance, when a foreign object is found in the body after surgery or treatment, it might not be possible for a patient to realize the issue until much later. To address this issue, the majority of states have adopted what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will know the specific rules of your state and will review your case timeline to avoid any administrative errors that can derail your claim.