Why You Need a Medical Malpractice Lawyer

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

According to common law, doctors are required to adhere to a certain standard of care when treating patients. If a doctor does not adhere to accepted medical practices and results in injury or death, then he may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards accepted by the medical industry as being prudent and reasonable when they provide treatment. If these standards aren't adhered to and the failure results in injuries or health issues patients may have grounds to file a medical malpractice lawsuit.

The first element of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question and that the entity or person owed you a duty to act with reasonable care. You must then prove the breach occurred. This is typically done with the use of expert testimony that can provide an objective analysis and assessment of the situation.

This expert witness will help determine whether or not the defendant's actions fell below the standard of care that is accepted in your particular situation. The expert will look over your medical records and interview or examine you in order to determine this.

You must be able to demonstrate that the breach directly caused your injury. Causation is the third element in a claim for malpractice. In most cases, you'll require a direct cause & result relationship between the breach of duties and the subsequent injury. A mistake in diagnosis, for instance one, could result in prescribing the wrong medicine or treatment being administered. This in turn can result in an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors medical professionals, doctors are under a legal obligation to exercise the utmost care and caution. However doctors are held to an even higher standard due to the fact that they are considered experts in medicine and deal with life and death decisions. The duty of care is outlined in the laws and standards which are applicable to specific kinds of treatments and procedures.

In a case of negligence, it is vital to prove that the defendant had an obligation to take care of the plaintiff. It must be established that the defendant did not fulfill this obligation of care. This means that the doctor did not meet the standards of care applicable to the situation. The standard of care is typically determined by what a reasonable individual would do in the situation. For instance an honest driver would not stop at an intersection with a red light.

In a malpractice lawsuit, expert witnesses may be required to testify regarding the standard of care that was violated and the way in which this standard was breached. They can also explain how the injury was caused and what could be done to stop it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect themselves against any losses that may arise from medical negligence. To file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) and non-economic losses (such pain and suffering).

The amount you receive from a successful malpractice suit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your lawyer can establish medically required costs by looking over your medical records, using experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days you were absent from work due to medical conditions, and also the reason for these absences were the result of the defendant’s negligence.

Non-economic damages can be difficult to prove. You may need assistance from an expert witness who can provide details of your physical, mental, and emotional pain as an direct result of defendant's negligence. Loss of consortium is a different type of non-economic harm. This is the inability of having a romantic, sexual connection with your spouse, or any other significant person as you once did. The lawyer for the defendant will contest your noneconomic damages by way of interrogatories, depositions, and also requests for documents or sworn statements.

Statute of Limitations

In New York, as with every state, there's a set of time limitations - referred to as statutes of limitations - within which a medical malpractice lawsuit must be filed otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is skilled will be aware of the nuances of these deadlines, and will ensure that your claim is filed before the deadlines set by law.

In most cases, a victim of medical malpractice lawsuits malpractice has to bring a lawsuit within two and a half years from the date when the act or omission of a healthcare professional caused the injury or death. However, as with all laws there are a few exceptions to this rule. For instance when the error of the health care provider was part of a continuous course of treatment, the 30 month legal "clock" will not begin until the course of treatment is complete or the patient is informed of the diagnosis.

In some instances, a patient may not realize the problem until a long time after for instance, if a foreign body is left in the body following surgery or treatment. In order to tackle this issue, the majority of states have implemented what is known as the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will know the specific laws of your state and carefully examine your case's timeline to ensure that there are no administrative mistakes that could impede your claim.