Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps victims receive compensation for their losses. The legal system that governs medical malpractice cases is based 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 death or injury, then he could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as reasonable and Medical malpractice law firm prudent when providing healthcare. If the standards aren't adhered to and the failure results in injury or health complications the patient could have grounds to file a medical malpractice lawsuit.

The first element of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person was bound to act with reasonable care. Then, you have to prove that the breach of this duty occurred. This is usually done by expert testimony that can provide an objective analysis and evaluation.

The expert witness can determine whether the defendant's actions fell below the accepted standard in your case. In order for the expert to arrive at this conclusion, they will need to be able to review your medical records and conduct an examination or interview with you.

You must be able to demonstrate that the breach directly led to your injury. This is known as causation, and it is the third element in a malpractice claim. In most cases, you will require an obvious cause-and effect relationship between the breach of duty and the subsequent injury. A misdiagnosis for instance, could lead to prescribing the wrong medicine or treatment being given. This can result in an adverse reaction such as heart attacks.

Breach of Duty

Doctors, just like other people, are legally bound by a obligation to exercise reasonable care and with caution. Doctors are held to a higher standard but because they are medical experts and can make life-or-death decisions. The obligation of care is defined 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 was bound by a duty to care for the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor medical malpractice law firm did not meet the standards of care in this particular situation. The standard of care is generally determined by what a reasonable individual would do in the situation. A reasonable driver, for instance will not go through the traffic light.

In a malpractice case experts may be needed to testify on the standard of care violated and the manner in which this standard was violated. They can also discuss how the injury was caused and what could be done to prevent it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. In order to bring an action for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount you are awarded from a successful malpractice suit is contingent on the way in which your New York Medical malpractice law Firm malpractice lawyer can argue for your losses. Your lawyer will prove your medically necessary expenses through a review of your medical records, evidence from experts, and the use of economic experts. Your medical malpractice lawyers malpractice attorney must prove that you lost your earnings by proving the number of days you were absent from work because of medical complications, and the reason for these absences were a result of the defendant’s negligence.

Non-economic losses are more difficult to prove, and may require the assistance of a professional who will give evidence about your physical, emotional, and mental pain as a result of 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 like you used to with your spouse or your significant other. The lawyer for the defendant will contest your non-economic damages through the use of depositions and interrogatories and requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there are definite time frames - also known as statutes of limitation within which a medical malpractice lawsuit must be filed or otherwise it will be rejected 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 specified by law.

In the majority of cases, a victim of medical negligence must file a lawsuit within two-and-ahalf years from the date the act or omission of a health care provider caused injury or death. 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 legal "clock" will not begin until the treatment is completed or the patient learns about the diagnosis.

Additionally, in certain instances, such as when the foreign object remains inside the body after surgery or treatment, it might not be possible for a patient's to recognize the issue until much later. In order to address this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will know the specific laws of your state and carefully review your case timeline to avoid any administrative errors that could delay your claim.