Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps patients who have suffered injuries get compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors must observe the standard of care when treating their patients. If a doctor is found to be in violation of accepted medical practices and results in death or injury, they could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as being reasonable and prudent in providing healthcare. A patient may be eligible to file a claim for medical malpractice if these standards aren't followed and the result is injuries or health issues.

The first element in a malpractice case is to prove that you were a patient of the healthcare provider and that they had a duty to act reasonably. You then need to prove that the breach occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the situation.

The expert witness will help determine if the defendant's actions were not in line with the accepted standards in your particular case. To allow the expert to make this determination they must be able to examine your medical records and conduct an examination or interview of you.

You must be able to show that the breach directly led to your injury. This is known as causation and it is the third component of a malpractice claim. In the majority of cases, you will require a direct cause & effect connection between the breach of duty and the resulting injury. A mistake in diagnosis, for instance one, could result in prescribing the wrong medicine or treatment being given. This can cause a negative reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, have a legal obligation to conduct themselves with reasonable care and prudence. However doctors are held to a more stringent standard because they are medical experts and deal with life and death decisions. The responsibility of medical care is described in the laws and standards that govern specific types of procedures and treatments.

In a negligence case, it is crucial to prove that the defendant had the obligation of taking care of the plaintiff. It must be proved that the defendant did not fulfill this obligation of care. This means that the doctor failed to meet the standards of care appropriate to the circumstances. The standard of care is typically determined by what a reasonable individual would do in the situation. A reasonable driver, for Medical Malpractice example would not operate a traffic light.

In a malpractice case expert witnesses are often needed to testify about the standard of care and how it was violated. They can also discuss the reason behind the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential damages that could result due to medical negligence. In order to file a claim for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of money you will receive from a successful malpractice lawsuit is contingent on the way in which your New York medical malpractice law firm malpractice lawyer makes the case for your losses. Your attorney will be able to establish the medically necessary expenses by examining your medical records, testimony from experts and the use of economic experts. For your loss of earnings the medical malpractice attorney malpractice lawyer must also demonstrate the number of days you were away from work because of your medical conditions and the fact that these days off work were the result of the negligence of the defendant.

Non-economic losses can be more difficult to prove and may require the assistance 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 type of non-economic damage. It is the inability to have an intimate relationship with your spouse or another significant individual as you used to. The attorney representing the defendant will challenge your non-economic damages by interrogatories, depositions, and demands for documents and declarations under swearing.

Statute of limitations

In New York, as with every state, there are certain deadlines - commonly referred to as statutes of limitations - within which a medical malpractice lawsuit must be filed or else it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure your claim is filed prior to the deadlines set by law.

In the majority of cases, victims of medical malpractice has to bring a lawsuit within two and a half years of the date when the act or omission of a healthcare professional caused the injury or death. Like all laws, this one is not without exceptions. If, for instance, the error committed by the health professional was part of a continuous course of treatment, the "clock" of 30 months won't start until the course of treatment is completed or the patient is informed of the diagnosis.

In some cases, a patient may not discover the problem until a long time after, for example in the event that a foreign substance remains in the body following surgery or treatment. In order to tackle this issue, the majority of states have adopted what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will be familiar with the rules of your state and will examine the timeline of your case carefully to avoid mistakes in the administration which could delay your claims.