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 lawsuits.

In the common law, doctors must follow the highest standards of care when treating their patients. If a doctor violates accepted medical practices and medical Malpractice lawyer results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical malpractice law firms profession as being reasonable and prudent in their care. Patients may be eligible to file a claim for medical malpractice lawsuit malpractice if these standards aren't followed and the breach causes injuries or health issues.

The first step in a malpractice lawsuit is to establish that you were a client of the healthcare provider and that they were bound to act in a fair manner. 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 case.

This expert witness will help determine whether or not the defendant's actions are in violation of the accepted standard of care in your particular circumstance. The expert will look over your medical records and interview or cross-check you to make this decision.

You also need to prove that the breach of duty caused the injuries. This is known as causation and it is the third element of a negligence claim. In the majority of cases, you will need to have an exact cause-and-effect link between the breach of duty and subsequent injury. For example, a misdiagnosis could lead to the wrong treatment or medication being prescribed and in turn causes an adverse reaction, such as a heart attack.

Breach of Duty

As with all other professionals, doctors have a legal obligation to exercise care and prudence. However doctors are held to an even higher standard because they are considered experts in medicine and deal with life and death decisions. The obligation of care is defined in the regulations and standards that govern specific kinds of treatments and procedures.

In a negligence case it is vital to prove that the defendant had an obligation to take care of the plaintiff. Then, it needs to be proven that the defendant violated the duty of care. This means that the doctor did not meet the standard of care in the particular situation. The standard of care is typically determined by what a normal person would do in the same circumstances. A reasonable driver, for instance, would not run at a traffic light.

In a malpractice lawsuit, expert witnesses may be required to testify regarding the standard of care that was breached and how the standard was breached. 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 in order to cover any potential losses that may arise from medical negligence. To file a lawsuit, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney argues for your losses. Your attorney can establish the medically necessary expenses by examining your medical records, the testimony of experts as well as the assistance of economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the amount of days that you missed from work because of medical issues, and that these days were due to the defendant’s negligence.

The non-economic damages may be more difficult to prove. You may require assistance from an expert witness who can explain your physical, mental and emotional pain that is direct result of the defendant's negligence. Loss of consortium is another type of non-economic damage. This is the inability to have a romantic, sexual connection with your spouse, or any other significant person like you used to. The lawyer representing the defendant will challenge your noneconomic damages by way of interrogatories, depositions, and requests for documents and sworn testimony.

Statute of Limitations

Like 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 not dismiss the case. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure that your claim is filed before the deadlines established by law.

In the majority of cases, the victim of medical negligence is required to make a claim within two-and-a-half years from the date the act or omission of the health professional resulted in the death or injury. As with all laws this one is not without exceptions. For instance, if the error made by the health professional was a part of a continual course of treatment, then the "clock" of 30 months will not begin until the treatment is completed or the patient is informed of the diagnosis.

In certain instances the patient may not recognize the problem until a long time later for instance, if a foreign body is left 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 these deadlines in certain circumstances. Your lawyer will be aware of the specific rules of your state, and will carefully review your case timeline to avoid administrative errors which could cause delays to your claim.