Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims get compensation for their losses. The legal system that governs medical malpractice attorneys malpractice cases is built on common law.

Under common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor violates accepted medical malpractice attorney procedures and results in injury or death the doctor could be held liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standards accepted by the Medical malpractice attorneys industry as being prudent and reasonable in providing medical healthcare. If those standards are not followed and the result is injuries or health problems the patient may be able to file a medical malpractice lawsuit.

The first thing to do in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and Medical malpractice attorneys that they owed you a duty to act in a reasonable way. You must then prove that the breach occurred. This is usually done through the use of expert testimony who can provide an objective analysis and assessment of the case.

The expert witness will be able determine if the defendant's actions fall below the standard of care that is accepted in your particular situation. The expert will need to look over your medical records and then interview or testify against you in order to make this decision.

You must also demonstrate that the breach directly led to your injury. Causation is a third element in a malpractice claim. In the majority of cases, you will require an immediate cause-and-effect connection between the breach of duty and the subsequent injury. A misdiagnosis for instance may result in the wrong medication being prescribed or treatment being administered. This could cause an adverse reaction such as heart attacks.

Breach of Duty

Like all individuals, have a legal obligation to exercise reasonable care and caution. Doctors are held to an elevated standard due to the fact that they are medical experts and can make life-or-death decisions. The duty of care is outlined in the regulations and standards that are situated for specific types of procedures and treatments.

In a negligence case it is important to establish that the defendant owed the duty of care for the plaintiff. Then, it needs to be proved that the defendant violated that duty of care. This means that the doctor did not perform to the required standard of care applicable to the situation. The standard of care is typically determined by what a normal person would do under similar situations. For example, a reasonable driver would not stop at an intersection with a red light.

In a malpractice lawsuit experts could be required to provide evidence on the standard of care violated and the manner in which this standard was violated. They can also describe the reason for the injury and what could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance to protect themselves against any damages that could result due to medical negligence. To submit an action for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful malpractice suit is contingent upon how your New York medical malpractice lawyer presents the case for your losses. Your attorney will be able to determine your medically required expenses through a thorough review of your medical records, the testimony of experts and the assistance of economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the number of days you have missed from work due to medical problems, and proving the reason for these absences were the result of the negligence of the defendant.

Non-economic losses can be more difficult to prove and might require the assistance of a professional who will provide evidence of your physical, emotional, and mental pain due to the negligent actions of the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or significant other. The defendant's lawyer will challenge your non-economic damages through the use of depositions and interrogatories as well as requests for documents and Medical malpractice attorneys sworn declarations.

Statute of Limitations

In New York, as with every state, there's a set of time limitations - referred to as statutes or limitations within which a medical negligence lawsuit must be filed or otherwise it could be dismissed by the courts. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed by the deadlines set by law.

In most cases, a victim of medical malpractice has to present a lawsuit within two and a half years from the date at which the act or omission of a healthcare professional resulted in the death or injury. However, as with all laws there are a few exceptions to this rule. For instance, if the error committed by the health care provider was part of a ongoing treatment plan, then 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 certain instances it is possible that a patient will not recognize the problem until a long time after for instance in the event that a foreign substance is left in the body following surgery or treatment. To address this issue, the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your lawyer is familiar with the rules of your state and will review the timeline of your case with care to avoid any administrative errors that could impede your claim.