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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims get compensation for their losses. The common law system governs medical malpractice claims.

In the common law, doctors must observe the standard of care when treating their patients. If a doctor does not adhere to accepted medical practice and it causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as reasonable and prudent in providing healthcare. If those standards are not followed and the result is injuries or health issues the patient may be able to file a medical malpractice lawsuit.

The first step in a malpractice case is to establish that you were a patient of the healthcare provider and that they owed you an obligation to act reasonably. You must then prove that the breach occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the situation.

This expert witness can help determine whether the defendant's actions fell below the standard of care in your specific case. The expert will need to review your medical records, and then interview or testify against you to determine this.

It is also necessary to prove that the breach of duty directly caused you to experience injury. This is known as causation, and it is the third element in a malpractice claim. In most cases, you'll require a direct cause & result relationship between the breach of duties and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being administered, which can result in an adverse reaction like a heart attack.

Breach of Duty

Like everyone else, doctors have a legal obligation to exercise diligence and care. Doctors are held to higher standards, however, because they are medical experts and have the authority to make life-or-death decisions. The duty of care is set in the rules and regulations that apply to certain types of treatments and procedures.

In a case of negligence it is important to establish that the defendant owed the obligation of taking care of the plaintiff. It must be established that the defendant breached this obligation of care. This means that the doctor Medical Malpractice Attorney did not meet the standard of care in the particular circumstance. The standard of care is usually defined by what an average person would do in the same circumstances. For instance, a prudent driver would not stop at the red light.

In a malpractice case experts may be needed to testify on the standard of care that was violated and how the standard was violated. They can also discuss how the injury was caused and what could have been done to avoid it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. To make 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 of compensation you receive in a successful lawsuit depends on how well your New York medical malpractice attorney defends your losses. Your attorney can establish the medically essential costs by examining your medical records, using experts' testimony, and consulting economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the amount of days you were absent working due to medical complications, and that these days were a result of the negligence of the defendant.

Non-economic losses are more difficult to prove and could require the help of a professional who will testify about your physical, emotional, and mental pain as a result of the infractions committed by the defendant. Loss of consortium is another type of non-economic damage. It is the inability to enjoy an intimate, sexual relationship with your spouse, or any other significant person like you once did. The attorney representing the defendant will challenge your non-economic damages through interrogatories and depositions as well as requests for statements and documents under oath.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. Otherwise, the court will dismiss the case. A New York medical malpractice attorney who has experience is well-versed in the nuances 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 has to be able to file a lawsuit within two and a half years from the date the act or omission made by an health professional caused injury or death. As with all laws, this rule is not without exceptions. If, for instance, the error made by the health professional was part of a continuing treatment plan, then the "clock" of 30 months cannot begin until the treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in certain instances, such as when a foreign object is left in the body following surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. This is why many states have enacted a legal concept called the discovery rule that allows injured victims to extend deadlines in certain circumstances. Your attorney will know the specific laws in your state and carefully examine your case's timeline to avoid any administrative errors that can derail your claim.