Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients get compensation for their losses. The legal system that governs medical malpractice lawyers malpractice cases is founded on common law.

In the common law, doctors are required to adhere to the highest standards of care when treating their patients. If a physician does not follow accepted medical practice and it results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards that are accepted by the medical profession as reasonable and prudent when providing care. If those standards are not followed and if they cause injuries or health issues the patient may be able to bring a medical malpractice lawsuit.

The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider and that the entity or person was bound to act in a reasonable manner. The next step is to prove the breach of the obligation occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the situation.

The expert witness will be able help determine whether or not the defendant's actions were below the standard of care that is accepted in your particular case. The expert will need to look over your medical records and then interview or testify against you to make this decision.

You must also prove that the breach directly caused your injury. Causation is the 3rd element in a malpractice claim. In most cases you will require a direct cause & result connection between the breach of duty and the subsequent injury. A misdiagnosis, for example, could lead to prescribing the wrong medicine or treatment being given. This can cause a negative reaction such as heart attacks.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to exercise diligence and care. However, doctors are held to a higher standard because they are considered experts in medicine and deal with life and death decisions. The obligation of care is found in the regulations and laws for certain types of treatments and procedures.

In a negligence case, it is crucial to prove that the defendant owed an obligation to take care of the plaintiff. It must be proven that the defendant did not fulfill this duty of care. This means that the doctor failed to meet the standards of care in this particular situation. The standard of care is typically determined by what a typical person would do in similar circumstances. A reasonable driver, for example, would not run at a traffic light.

In a case of negligence, expert witnesses are typically required to testify regarding the standard of care and the way in which it was violated. They can also provide the reason for the accident and what could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To make 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 suffering and pain).

The amount you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your lawyer can determine your medically required expenses by examining your medical records, evidence from experts as well as the assistance of economic experts. For the loss of your earnings your medical malpractice lawyer must show the number of times you missed work due to medical complications and the fact that these days off work were the result of the defendant's negligence.

Non-economic losses can be more difficult to prove, and may require the assistance of a professional who will give evidence about your physical, emotional and mental pain due to the infractions committed by the defendant. Loss in consortium is another type of non-economic injury. This is the inability to enjoy an intimate relationship with your spouse or medical malpractice attorney any other significant individual 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 or sworn statements.

Statute of limitations

Like every state, medical malpractice attorney New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. Otherwise the court will not dismiss it. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure that your case is filed before the deadlines set by law.

In the majority of cases, a victim of medical negligence must make a claim within two-and-a-half years of the date that the act or omission committed by an health professional caused injury or death. However like all laws there are a few exceptions to this rule. For instance, if the error of the health care provider was part of a continuous course of treatment, the 30-month statutory "clock" will not begin until that course of treatment is completed or when the patient becomes aware of the diagnosis.

In some cases the patient may not discover the problem until a considerable time later for instance in the event that a foreign substance remains within the body after surgery or treatment. This is why many states have enacted a legal concept called the discovery rule that allows injured victims to extend deadlines in certain situations. Your attorney will be aware of specific rules in your state and will carefully look over your case's timeline in order to avoid administrative errors that could impede your claim.