Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

In the common law, doctors must observe an ethical standard when treating their patients. If a physician violates accepted medical practice and results in death or injury, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard accepted by the medical industry as being reasonable and prudent when providing healthcare. If these standards aren't adhered to and the failure results in injuries or health issues the patient may be able to bring a medical malpractice lawsuit.

The first element of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider and that the entity or person was obligated to act reasonably. You then need to prove that the breach occurred. This is usually done through the use of experts who can provide an objective analysis and evaluation of the situation.

This expert witness will be able to determine if the defendant's actions are in violation of the standard of care that is accepted in your particular situation. The expert will need to review your medical records, and interview or cross-check you to make this decision.

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

Breach of Duty

Like all people, are required by law to fulfill a obligation to conduct themselves with reasonable care and with caution. However doctors are held to an even more stringent standard because they are considered experts in medicine and are able to make life and death decisions. The obligation of care is found in laws and standards governing specific types of treatments and procedures.

One of the most important elements that must be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor failed to meet the standard of care in the given situation. The standard of care is generally determined by what a reasonable person would do in similar circumstances. A reasonable driver, for example, would not run the traffic light.

In a malpractice case expert witnesses are often needed to testify on the standard of care and the manner in which it was breached. They can also explain how the injury was caused and what could be done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect themselves against any loss that may result from medical negligence. To bring a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your attorney can establish your medically necessary expenses through a review your medical records, evidence from experts as well as the assistance of economic experts. For your loss of earnings your medical malpractice lawyer has to prove the number of days you were absent from work due to your medical conditions and the fact that the absences were due to the defendant's negligence.

Non-economic damages are more difficult to prove. You may need the assistance of an expert witness who can explain your physical, mental, and emotional pain that is an direct result of defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship in the same way you used to with your spouse or your significant other. The attorney representing the defendant will challenge your non-economic losses through depositions, interrogatories, and demands for documents and declarations under swearing.

Statute of limitations

In New York, as with every state, there are certain time frames - also known as statutes of limitations - within which a medical malpractice law firms negligence lawsuit must be filed, or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be well-versed in the specifics of these deadlines and ensure that your claim is submitted before the deadlines specified by law.

In the majority of cases, the victim of medical negligence must be able to file a lawsuit within two and a half years of the date that the act or omission of an health professional caused the injury or death. However, as with all laws there are some exceptions to this rule. If, for instance, the error of the health professional was a part of a continual course of treatment, then the "clock" of 30 months won't start until the course of treatment is completed or the patient has been informed of the diagnosis.

Additionally, in certain situations such as when a foreign object is left in the body following surgery or treatment, it might not be possible for a patient's to recognize that there was a problem until much later. In this regard, a majority of states have adopted the legal concept of discovery rule that allows injured victims to extend deadlines in certain situations. Your lawyer is familiar with the rules of your state and will scrutinize the timeline of your case with care to avoid any administrative errors that can derail your claims.