Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims receive compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In the common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor violates accepted medical practices and causes injury or death, then he could be held liable for negligence.

Duty of Care

medical malpractice lawsuit professionals are expected to adhere to a set of standards accepted by the medical industry as being prudent and reasonable when they provide healthcare. Patients may be eligible to file a claim for medical malpractice if the standards aren't met and the failure results in injuries or health issues.

The initial step of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider and that the entity or person owed you a duty to act with reasonable care. You then need to prove that the breach occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

The expert witness will be able to help determine whether or not the defendant's actions fell below the accepted standard of care in the particular case. In order for the expert to arrive at this conclusion they must be able to examine your medical records and conduct an examination or interview of you.

It is also necessary to establish that the breach of duty directly led you to experience injuries. Causation is a third element in a malpractice claim. In most cases, you'll require a direct cause-and- result relationship between the breach of duties and the subsequent injury. For instance, a wrong diagnosis could lead to the wrong treatment or medication being administered and results in an adverse reaction such as heart attacks.

Breach of Duty

As with all other professionals, doctors have a legal obligation to exercise care and prudence. However doctors are held to a higher standard since they are considered medical experts and are able to make life and death decisions. The obligation of care is defined in the regulations and standards which are applicable to specific kinds of treatments and procedures.

In a negligence case it is important to establish that the defendant owed an obligation to take care of the plaintiff. It must be proven that the defendant violated this obligation of care. This means that the doctor failed to adhere to the standard of care in the particular situation. The standard of care is typically defined by what an average person would do under the same situation. For instance, a reasonable driver would not stop at when there is a red light.

In a case of malpractice, experts are usually needed to testify about the standard of care and the manner in which it was breached. They can also provide a detailed explanation of how the injury was caused and what could have been done to prevent it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect against potential losses that might arise due to medical negligence. In order to file a claim for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney will argue for your losses. Your lawyer will prove your medically necessary expenses by examining your medical records, the testimony of experts as well as the assistance of economic experts. For the loss of your earnings your medical malpractice lawyer should also show the number of times you were absent from work due to your medical condition and also the fact that the absences resulted from the defendant's negligence.

Non-economic losses are more difficult to prove and may require the help of a professional who will testify about your physical, emotional, and mental pain as a result of negligence committed by the defendant. Loss of consortium is a second kind of non-economic loss. It is the inability to maintain a romantic, medical malpractice attorney sexual connection with your spouse or another significant person as you once did. The lawyer for the defendant will contest your non-economic damages with the help of interrogatories, depositions, and also requests for documents and sworn declarations.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise, the court will dismiss the case. A New York medical malpractice attorney who is experienced will be well-versed in the nuances of these deadlines. They will also ensure that your claim is submitted before the deadlines specified by law.

In most cases, a victim of medical malpractice has to make a claim within two and a half years of the date when the act or omission of a medical professional caused the injury or death. However like with all laws there are a few exceptions to this rule. For instance when the error by the health professional was part of an ongoing course of treatment, the 30-month legally required "clock" will not start until that course of treatment is completed or until the patient learns about the diagnosis.

Additionally, in some cases like when a foreign object is left in the body following surgery or treatment, it might not be possible for a patient's to recognize that there was a problem 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 timeframes. Your attorney will be aware specific laws in your state and will carefully review your case timeline to ensure that there are no administrative mistakes that can derail your claim.