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 based on common law.

According to common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor is found to be in violation of accepted medical practice and results in injury or death, the doctor could be held 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 in their treatment. A patient could be able to file a lawsuit for medical malpractice if these standards aren't met and the failure results in injuries or health complications.

The first step in a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider at issue and that the entity or person owed you a duty to act in a reasonable manner. Then, you must show that a breach of that duty occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the case.

The expert witness will be able help determine whether or not the defendant's actions fell below the accepted standard of care in your particular circumstance. In order for the expert to make this determination, they will need to be able to examine your medical records and conduct an examination or interview with you.

You should also be able to prove that the breach of duty directly caused you to experience injury. This is known as causation, and it is the third requirement of a malpractice claim. In the majority of cases, you will need to have an immediate cause-and-effect connection between the breach of duty and subsequent injury. A mistake in diagnosis, for instance may result in prescribing the wrong medication or treatment being administered. This could result in an adverse reaction such as a heart attack.

Breach of Duty

Like everyone else physicians, doctors are legally bound by an obligation to act with care and caution. However, doctors are held to a more stringent standard because they are considered experts in medicine and deal with life and death decisions. The duty of care is outlined in the regulations and laws for specific kinds of treatments and procedures.

In a case of negligence it is crucial to prove that the defendant had the obligation of taking care of the plaintiff. It must be established that the defendant breached that duty of care. This means that the doctor failed to meet the standards of care in this particular circumstance. The quality of care is usually determined by what a typical person would do in the same circumstances. A reasonable driver, for example, would not run at a traffic light.

In a case of malpractice, expert witnesses may be needed to testify on the standard of care that was not met and how this standard was violated. They can also discuss the reason behind the accident and what could have prevented it from happening.

Damages

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

The amount of money you will receive from a successful lawsuit for malpractice depends on how your New York medical malpractice lawyer presents the case for your losses. Your attorney can determine your medically required expenses through a review your medical records, testimony from experts, and the use of economic experts. In order to establish your loss of earnings Your medical malpractice lawyer must establish the number of days you were off work due to your medical complications 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 assistance of a professional who will be able to testify about your physical, emotional, and mental suffering as a result of the negligence of the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you did with your spouse or significant other. The lawyer for the defendant will contest your non-economic damages in the form of depositions and interrogatories and requests for documents and sworn declarations.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise, the court will dismiss it. A New York medical malpractice attorney who has experience will be well-versed in the specifics of these deadlines. They will also ensure that your claim is filed prior to the deadlines set forth by law.

In most cases, a victim of medical malpractice must bring a lawsuit within two and a half years of the date when the act or omission of a healthcare professional resulted in the death or injury. As with all laws, this one is not without exceptions. If, for example, the error made by the health professional was a part of a continual course of treatment, then the "clock" of 30 months won't start until the treatment has been completed or the patient is informed of the diagnosis.

In some instances it is possible that a patient will not be aware of the issue until a considerable time later for instance in the event that a foreign substance remains within the body after surgery or treatment. In order to deal with this issue, a majority of states have embraced the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your lawyer will be aware of the rules of your state and will examine your case timeline carefully to avoid mistakes in the administration that could cause delays to your claim.