Why You Need a Medical Malpractice Lawyer

A medical malpractice law firms malpractice attorney can help victims receive compensation for their losses. The common law system governs medical malpractice lawsuits.

In common law, doctors must follow an ethical standard when treating their patients. If a doctor deviates from the accepted medical standard and causes an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals are required to follow a set of standards accepted by the medical industry as being prudent and reasonable when providing care. When those standards are not met and that failure causes injury or health complications, a patient may be able to bring a medical malpractice lawsuit.

The first element 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 obligated to act in a reasonable way. The next step is to prove that the breach occurred. This is usually accomplished by expert testimony that can provide an objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions were below the standard of care in your situation. The expert will need to look over your medical records and interview or cross-check you in order to make this determination.

You must also establish that the breach directly caused your injury. This is known as causation and it is the third element of a malpractice claim. In the majority of cases, you will need a direct cause and result relationship between the breach of duties and the subsequent injury. For instance, a misdiagnosis could result in the wrong treatment or medication being administered and that could result in an adverse reaction, like heart attacks.

Breach of Duty

Like all doctors, doctors have a legal obligation to act with the utmost care and caution. Doctors are held to an elevated standard, however, because they are medical experts and have the authority to make life-or-death decisions. The obligation of care is outlined in laws and standards governing specific types of treatment and 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 proven that the defendant violated this duty of care. This means that the doctor failed to adhere to the standard of care for the situation. The standard of care is generally determined by what a reasonable individual would do under the circumstances. For example, a prudent driver would not speed through a red light.

In a case of malpractice expert witnesses could be required to provide evidence on the standard of care that was violated and how this standard was breached. They can also explain the reason for the accident and what could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To file a claim, the plaintiff will need to demonstrate both financial losses (such medical expenses and medical malpractice lawyer lost wages) in addition to noneconomic losses (such suffering and pain).

The amount you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney will be able to establish the medically necessary expenses by examining your medical records, testimony from experts as well as the assistance of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days that you missed from work because of medical problems, and proving the fact that these days resulted from the defendant’s negligence.

Non-economic losses are more difficult to prove and might require the assistance of a professional who can be able to testify about your physical, emotional, and mental pain due to the negligence committed by the defendant. Loss of consortium is a different kind of non-economic loss. This is the inability to maintain an intimate, sexual relationship with your spouse or any other significant person as you used to. The lawyer for the defendant will contest your non-economic damages in the form of interrogatories and depositions and requests for documents and sworn testimony.

Statute of Limitations

As in every state, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. Otherwise the court could dismiss the case. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed within the deadlines that are set by law.

In the majority of cases, a victim of medical negligence must make a claim within two-and-a-half years from the date the act or omission made by medical professionals resulted in the death or injury. However like with all laws, there are a few exceptions to this rule. If, for instance, the error committed by the health care provider was part of a ongoing course of treatment, the "clock" of 30 months will not start until the course of treatment has been completed or the patient is informed of the diagnosis.

In some instances, such as when a foreign object is left in the body after surgery or treatment, it might 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 implemented what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your lawyer is aware of the rules of your state and will go over your case timeline carefully to avoid administrative errors that can derail your claims.