Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps victims get compensation for their losses. The common law system governs medical malpractice claims.

According to common law, doctors are required to follow a certain standard of care when treating patients. If a doctor deviates from the accepted medical standard and results in an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as being reasonable and prudent when providing treatment. If those standards are not adhered to and the failure results in injuries or health problems the patient could be able to sue for medical malpractice lawyers malpractice lawsuit.

The first element in a case of malpractice is to prove that you were a client of the healthcare provider and that they were bound to act in a fair manner. You must then prove that the breach occurred. This is usually done the use of expert testimony which can provide an objective analysis and evaluation.

The expert witness will be able help determine whether or not the defendant's actions are in violation of the standard of care that is accepted in your particular case. To allow the expert to determine this, they will need to be able to look over your medical records and conduct an examination or interview with you.

You must also show that the breach directly caused your injury. Causation is the third factor in a claim for malpractice. In most instances, you'll require an immediate cause-and-effect connection between the breach of duty and the resulting injury. A misdiagnosis for instance can result in prescribing the wrong medicine or treatment being administered. This could cause a negative reaction such as heart attacks.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to exercise diligence and care. However, doctors are held to an even higher standard because they are considered medical experts and are able to make life and death decisions. The responsibility of medical care is described in the rules and regulations that are situated for specific types of treatments and procedures.

In a case of negligence, it is important to establish that the defendant owed an obligation to take care of the plaintiff. It must be proved that the defendant violated this duty of care. This means that the doctor did not adhere to the standard of care appropriate to the circumstances. The standard of care is usually determined by what a reasonable individual would do in the same situation. For example, a reasonable driver would not run when there is a red light.

In a malpractice case experts are usually needed to testify regarding the standard of care and the manner in which it was breached. They can also explain the cause of the accident and what could have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To submit an action for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation received from a successful lawsuit for malpractice is contingent upon the way in which your New York medical malpractice lawyer defends your losses. Your lawyer will prove your medically necessary expenses by examining your medical records, evidence from experts, and the use of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days you were away from work because of medical problems, and proving that these days resulted from the defendant’s negligence.

Non-economic damages can be more difficult to prove, and may require the assistance of a professional who can provide evidence of your physical, emotional, and mental distress due to the infractions committed by the defendant. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship as you once could with your spouse or significant other. The attorney representing the defendant will challenge your non-economic damages through a process of interrogatories and depositions as well as requests for statements and documents under oath.

Statute of limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court will not dismiss the case. A New York medical malpractice attorney who is knowledgeable will be aware of the nuances of these deadlines and will ensure that your claim is submitted before the deadlines set forth by law.

In most cases, the victim of medical negligence has to make a claim within two-and-a-half years from the time the act or omission made by a health care provider caused death or injury. However, as with 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 legally required "clock" will not begin until that course of treatment is complete or the patient is informed of the diagnosis.

In some instances the patient may not be aware of the issue until a long time later, for example the case where a foreign body remains in the body following surgery or treatment. Because of this, many states have adopted the legal concept known as the discovery rule, which allows injured victims to extend deadlines in certain circumstances. Your lawyer will be aware of the specific rules of your state and will carefully look over your case's timeline in order to ensure that there are no administrative mistakes that could impede your claim.