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 governs 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, the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set of standards that are accepted by the medical profession as being reasonable and prudent when they provide healthcare. Patients may be eligible to file a claim for medical malpractice if those standards aren't followed and the failure causes injuries or health problems.

The first step in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they were bound to act in a reasonable way. Then, you must show that the breach of that duty occurred. This is usually done by expert testimony that can provide an objective analysis and evaluation.

An expert witness can determine if the defendant's actions were not in line with the accepted standards in your particular case. The expert will review your medical records, and also interview or question you to make this determination.

You must also show that the breach directly caused your injury. This is known as causation, and it is the third requirement of a malpractice claim. In the majority of instances, you'll require an immediate cause-and-effect connection between the breach of duty and subsequent injury. For instance, a wrong diagnosis could lead to the wrong medication or treatment being administered, which in turn causes an adverse reaction like heart attacks.

Breach of Duty

Like everyone else who are legally obligated to act, doctors also have an obligation to exercise care and caution. Doctors are held to a higher standard due to the fact that they are medical experts and make life-or-death decisions. The duty of care is outlined in laws and standards for specific kinds of treatments and procedures.

One of the first elements that must be proven in a negligence case is that the defendant was bound by a duty of care to the plaintiff. Then, it needs to be proved that the defendant breached that duty of care. This means that the doctor failed to meet the standard of care in this particular situation. The quality of care is usually determined by what an ordinary person would do under similar circumstances. For instance the reasonable driver would not speed through a red light.

In a lawsuit involving a malpractice experts could be required to provide evidence on the standard of care that was not met and the manner in which this standard was breached. They can also discuss the cause of the injury and what could be done to prevent it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. In order to file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) and non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice law Firms malpractice attorney will argue for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, using expert testimony, and consulting economic experts. For your loss of earnings the medical malpractice lawyer must demonstrate the number of days you missed work due to medical conditions and the fact that the absences resulted from the negligence of the defendant.

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 distress as a result of the negligence of the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you did with your spouse or significant other. The defendant's attorney will challenge the non-economic damages you suffer through interrogatories and depositions as well as requests for statements and documents under swearing.

Statute of Limitations

In New York, as with every state, there are specific time frames - also known as statutes of limitations within which a medical negligence lawsuit must be filed, or else it will be dismissed by the courts. A New York medical malpractice attorney who is skilled will be familiar with the nuances of these deadlines. They will also ensure that your claim is submitted before the deadlines set by law.

In the majority of cases, a victim of medical malpractice has to file his or her lawsuit within two and a half years from the date on which the act or omission of a doctor or other health professional caused the injury or death. As with all laws, this rule is not without exceptions. For instance, if the error of the health care provider was part of a continuous course of treatment, then the "clock" of 30 months cannot begin until the treatment has been completed or Medical Malpractice Law Firms the patient has been informed of the diagnosis.

Additionally, in certain situations, such as when a foreign object is found in the body after surgery or treatment, it might not be possible for a patient to realize that there was a problem until much later. For this reason, most states have enacted the legal concept of discovery rule that allows injured victims to extend these deadlines under certain circumstances. Your lawyer is well-versed in the laws of your state and will examine your case timeline carefully to avoid administrative errors that could cause delays to your claim.