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.

In the common law, doctors must observe an ethical standard when treating their patients. If a doctor is not following the accepted medical standard and results in a death or injury it could be liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as reasonable and prudent when providing care. If these standards aren't followed and the result is injury or health complications the patient may be able to file a medical malpractice lawsuit.

The first thing to do in a case of malpractice is to prove that you were a patient of the healthcare provider and that they owed you a duty to act reasonably. Then, you have to prove that the breach of this duty occurred. This is typically done with the use of expert testimony that can provide an objective analysis and assessment of the case.

The expert witness will help determine whether or not the defendant's actions fell below the accepted standard of care in your particular case. The expert will examine your medical records and interview or cross-check you in order to arrive at this conclusion.

It is also necessary to establish that the breach of duty caused you to suffer injury. This is known as causation and it is the third component of a malpractice claim. In the majority of cases, you'll require a direct cause and result connection between the breach of duties and the resulting injury. A misdiagnosis for instance can result in the wrong medication being prescribed or treatment being given. This can result in an adverse reaction such as a heart attack.

Breach of Duty

Doctors, just like other people, have a legal duty to act with reasonable care and be cautious. However, doctors are held to a higher standard since they are medical experts who make life and death decisions. The duty of care is set in the laws and standards which are applicable to specific types of treatments and procedures.

One of the first elements to be established in a negligence case is that the defendant was bound by a duty of care to the plaintiff. Then, it must be established that the defendant violated that duty of care. This means that the doctor failed to live up to the standard of care for the situation. The standard of care is generally determined by what a reasonable individual would do in the situation. A reasonable driver, for example would not operate at a traffic light.

In a malpractice case expert witnesses are typically required to testify regarding the standard of care and how it was violated. They can also provide the cause of the injury and suggest ways to have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. In order to file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful suit for medical Malpractice lawsuit malpractice is contingent upon how well your New York medical malpractice attorney defends your losses. Your attorney will be able to prove your medically necessary expenses by examining your medical records, the testimony of experts as well as the assistance of economic experts. For your loss of earnings, your medical malpractice lawyer must also show the number of times you were absent from work because of your medical condition and also the fact that these missed work days resulted from the defendant's negligence.

Non-economic damages can be difficult to prove. You may need the assistance of an expert witness who can provide details of your physical, mental and emotional distress as an direct result of defendant's negligence. Loss of consortium is a second type of non-economic harm. This is the inability to maintain a romantic, sexual connection with your spouse or other significant individual as you once did. The defendant's lawyer will challenge your non-economic damages through the use of depositions and interrogatories along with requests for documents or sworn statements.

Statute of Limitations

In New York, as with every state, there's a set of time limitations - referred to as statutes of limitations - within which a medical malpractice lawsuit must be filed, medical malpractice lawsuit or otherwise it will be rejected by the courts. A New York medical malpractice attorney who is skilled will be aware of the specifics of these deadlines, and will ensure that your claim is filed within the deadlines set forth by law.

In most cases, victims of medical malpractice law firms malpractice has to bring a lawsuit within two and a half years from the date that the act or omission of a health care provider resulted in the death or injury. However, as with all laws there are a few exceptions to this rule. If, for instance the error committed by the health professional was part of a ongoing course of treatment, the "clock" of 30 months will not start until the course of treatment is completed or the patient has been informed of the diagnosis.

In some cases patients may not be aware of the issue until quite a while later, for example, if a foreign body is left in the body following surgery or treatment. Because of this, many states have adopted a legal concept called the discovery rule that permits injured victims to extend deadlines under certain circumstances. Your attorney will be aware specific laws in your state and will examine your case's timeline to ensure that there are no administrative mistakes that could impede your claim.