Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients get compensation for their losses. The common law system regulates medical malpractice claims.

According to 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 results in injury or death then he could be held accountable for negligence.

Duty of Care

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

The first thing to do in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they were bound to act in a reasonable manner. The next step is to prove that the breach occurred. This is usually accomplished by the use of expert testimony which can provide a objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions were less than the accepted standard in your situation. To enable the expert to determine this they must be able review your medical records and conduct an examination or interview with you.

You must also demonstrate that the breach directly led to your injury. This is known as causation and it is the third element of a negligence claim. In most instances, you'll require an immediate cause-and-effect connection between the breach of duty and the subsequent injury. A misdiagnosis, for instance may result in prescriptions for the wrong drug or treatment being given. This in turn can cause a negative reaction such as heart attacks.

Breach of Duty

Like everyone else physicians, doctors are legally bound by an obligation to exercise the utmost care and caution. However, doctors are held to a higher standard since they are medical experts and are able to make life and death decisions. The responsibility of medical care is described in the laws and standards that are situated for specific kinds of treatments and procedures.

One of the first elements that must be proven in a negligence claim is that the defendant was bound by a duty care to the plaintiff. Then, it has to be proved that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standards of care in the particular situation. The quality of care is usually determined by what a reasonable person would do in the same situation. A reasonable driver, for instance would not operate a traffic light.

In a malpractice case, expert witnesses are typically required to testify about the standard of care and the manner in which it was breached. They can also explain the cause of the injury and what could be done to stop it from occurring.

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 file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) and non-economic losses (such suffering and pain).

The amount of compensation you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your attorney will be able to prove your medically necessary expenses through a review your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days you were away from work due to medical complications, and the reason for these absences were the result of the negligence of the defendant.

Non-economic losses can be more difficult to prove and could require the assistance of a professional who can give evidence about your physical, emotional, and mental distress as a result of the infractions committed by the defendant. Loss in consortium is another kind of non-economic loss. It is the inability to enjoy an intimate, sexual relationship with your spouse, or any other significant individual as you used to. The lawyer representing the defendant will challenge your noneconomic damages by way of depositions and interrogatories along with requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there are definite time limitations - referred to as statutes of limitations - within which a medical malpractice lawsuit must be filed, or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be aware of the specifics of these deadlines, and will ensure that your claim is submitted before the deadlines stipulated by law.

In most cases, the victim of medical negligence must bring a suit within two and a half years from the date the act or omission committed by a health care provider caused death or injury. 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 an ongoing course of treatment, the 30 month legally required "clock" will not start until the course of treatment is complete or the patient learns about the diagnosis.

Additionally, in certain situations like when the foreign object remains in the body after surgery or treatment, it may not be possible for a patient's to recognize that there was a problem until much later. In order to deal with this issue, a majority of states have adopted the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will be familiar with the rules of your state and will review your case's timeline carefully to avoid administrative mistakes that can derail your claims.