Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients get compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

In common law, doctors are required to follow a certain standard of care when treating patients. If a doctor is found to be in violation of accepted medical procedures and results in injury or death, they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical malpractice lawsuits profession as reasonable and prudent when providing care. A patient may be eligible to file a claim for medical malpractice if these standards aren't met and the breach causes injuries or health issues.

The first part of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the entity or person was obligated to act in a reasonable way. You must then prove the breach occurred. This is usually done an expert witness that can provide an objective analysis and evaluation.

The expert witness will help determine whether or not the defendant's actions were below the accepted standard of care in your particular case. To allow the expert to determine this, they will need to be able to examine your medical records and conduct an examination or interview of you.

You must be able to show that the breach directly caused your injury. This is known as causation and it is the third requirement of a malpractice claim. In most cases you will require a direct cause and effect connection between the breach of duties and the subsequent injury. A misdiagnosis for instance may result in the wrong medication being prescribed or treatment being administered. This could cause an adverse reaction such as a heart attack.

Breach of Duty

As with all people, are required by law to fulfill a obligation to conduct themselves with reasonable care and be cautious. Doctors are held to an even higher standard, however, because they are medical experts and have the authority to make life-or-death decisions. The responsibility of medical care is described in the rules and regulations which are applicable to specific types of treatments and procedures.

In a case of negligence it is vital to prove that the defendant had a duty to care for the plaintiff. Then, it has to be established that the defendant breached that duty of care. This means that the doctor failed to meet the standards of care in the particular situation. The standard of care is usually defined by what an average person would do in similar situations. A reasonable driver, for example would not use the traffic light.

In a case of malpractice, experts are often required to testify regarding the standard of care and the manner in which it was breached. They can also discuss how the injury occurred and what could be done to stop it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to cover any loss that may result due to medical negligence. To be able to file a claim the plaintiff must prove both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney defends your losses. Your attorney can establish the medically necessary costs by reviewing your medical records, using expert testimony, and consulting economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days that you missed from work because of medical complications, and that these days were a result of the defendant’s negligence.

The non-economic loss can be more difficult to prove and might require the help of a professional who can testify about your physical, emotional, and mental distress due to the negligent actions of the defendant. Other types of non-economic losses include loss of consortium, which is an inability to maintain a loving and sexual relationship as you once could with your spouse or significant other. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through depositions, interrogatories, 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 before a medical malpractice claim can be filed. Otherwise the court could dismiss it. A New York medical malpractice attorney who has experience will be well-versed in the nuances of these deadlines. They will also ensure that your claim is submitted before the deadlines set by law.

In most cases, a victim of medical malpractice has to present a lawsuit within two and a half years from the date that the negligence or act of a medical professional resulted in the death or injury. Like all laws, this rule has its exceptions. If, for example, the error made by the health care provider was a part of a continual treatment plan, then the "clock" of 30 months won't start until the treatment has been completed or the patient is informed of the diagnosis.

In certain instances patients may not discover the problem until a considerable time later, for example, if a foreign body remains in the body following surgery or treatment. To tackle this issue, the majority of states have implemented the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will be aware of specific rules in your state and will carefully examine your case's timeline to avoid administrative errors which could cause delays to your claim.