Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

Under common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor does not adhere to accepted medical practice and it results in injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as sensible and prudent in providing medical care. A patient may be eligible to file a claim for medical malpractice if these standards aren't being met and the failure results in injuries or health issues.

The first element in a malpractice case is to prove that you were a patient of the healthcare provider and that they owed you an obligation to act in a fair manner. Then, you need to prove that a breach of that duty occurred. This is usually done by an expert witness that can provide a objective analysis and evaluation.

The expert witness will be able determine if the defendant's actions were below the standard of care that is accepted in the particular case. The expert will need to examine your medical records and also interview or question you to make this decision.

You must also be able to establish that the breach of duty directly led the injuries. This is known as causation and it is the third requirement of a negligence claim. In the majority of cases, you'll require a direct cause-and- result connection between the breach of duty and the resulting injury. For instance, a misdiagnosis could lead to the wrong medication or treatment being administered and in turn causes an adverse reaction such as heart attacks.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to exercise diligence and care. However, doctors are held to a more stringent standard because they are considered experts in medicine and have to make life and death decisions. The duty of care is found in the regulations and laws for certain types of treatments and procedures.

One of the most important elements that must be proven in a negligence case is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant violated the duty of care. This means that the doctor did not meet the standards of care in the given circumstance. The quality of care is usually defined by what an average person would do under similar situations. A reasonable driver, for example will not go through a traffic light.

In a case of negligence, experts are usually needed to testify about the standards of care and how it was violated. They can also discuss the cause of the injury and suggest ways to have prevented it from happening.

Damages

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

The amount you are awarded from a successful malpractice suit depends on how your New York medical malpractice lawyer makes the case for your losses. Your lawyer can prove your medically necessary expenses through a review your medical records, evidence from experts, and the use of economic experts. In order to prove your loss of earnings your medical malpractice lawyer has to show the number of times you missed work due to medical conditions and the fact that these days off work were the result of the defendant's negligence.

Non-economic losses can be more difficult to prove and could require the help of a professional who can give evidence about your physical, emotional and mental pain due to the negligence committed by the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or significant other. The attorney representing the defendant will challenge your non-economic losses through a process of interrogatories, depositions, and requests for documents and statements under the oath.

Statute of limitations

Like all states, New York has a statute of limitations that must be met prior to a medical negligence case can be filed. Otherwise the court will decide to dismiss the case. An experienced New York medical malpractice lawyers malpractice lawyer is well-versed in these details and will make sure that your claim is filed by the deadlines established by law.

In the majority of instances, the victim of medical malpractice has to file his or her lawsuit within two and a half years of the date that the negligence or act of a doctor or other health professional resulted in the death or injury. Like all laws, this one is not without exceptions. For instance when the error by the health professional was part of an ongoing course of treatment, the 30-month legal "clock" will not start until the course of treatment is completed or the patient is informed of the diagnosis.

In some cases the patient may not discover the problem until a long time later, for example, if a foreign body is left in the body following surgery or treatment. Because of this, many states have adopted a legal concept called the discovery rule that allows injured victims to extend these deadlines in certain instances. Your lawyer will be aware of the rules of your state and will scrutinize your case's timeline carefully to avoid mistakes in the administration that could impede your claim.