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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps patients who have suffered injuries receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors must adhere to a standard of care in treating their patients. If a doctor violates accepted medical procedures and results in death or injury, the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to follow a set of standards accepted by the medical industry as being prudent and reasonable when they provide care. If those standards are not met and that failure causes injury or health complications the patient may be able 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 had a duty to act in a fair manner. Then, you have to prove that the breach of that obligation occurred. This is typically done with the use of expert testimony that can provide an objective analysis and evaluation of the situation.

An expert witness can determine if the defendant's actions were below the accepted standard in your specific case. In order for the expert to arrive at this conclusion, they will need to be able to review your medical records and conduct an examination or interview with you.

You also need to establish that the breach of duty caused the injury. Causation is a third element in a malpractice lawsuit. In most cases, you'll need a direct cause and effect connection between the breach of duty and the resulting injury. A mistake in diagnosis, for instance, could lead to prescriptions for the wrong drug or treatment being administered. This in turn can cause a negative reaction such as a heart attack.

Breach of Duty

Physicians, like all other people, are legally bound by a duty to act with reasonable care and medical malpractice attorney with caution. However, doctors are held to a higher standard because they are considered medical experts and deal with life and death decisions. The obligation of care is outlined in laws and standards governing specific types of treatments and procedures.

In a negligence case it is crucial to prove that the defendant had the obligation of taking care of the plaintiff. Then, it needs to be proven that the defendant violated that duty of care. This means that the doctor did not adhere to the standard of care for the situation. The standard of care is usually determined by what an ordinary person would do in similar circumstances. A reasonable driver, for example would not operate at a traffic light.

In a case of negligence, expert witnesses are often needed to testify on the standard of care and how it was violated. They can also explain the reason for the injury and what could have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. To submit a claim for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney will argue for your losses. Your lawyer can prove your medically necessary expenses through a review your medical records, evidence from experts and the use of economic experts. In order to prove your loss of earnings your medical malpractice lawyer has to prove the number of days you were absent from work because of your medical condition and also the fact that these missed work days were the result of the negligence of the defendant.

Non-economic losses can be more difficult to prove, and may require the help of a professional who can be able to testify about your physical, emotional and mental pain due to the negligence committed by the defendant. Loss in consortium is another type of non-economic injury. This is the inability to have an intimate, sexual relationship with your spouse or other significant person in the same way you used to. The defendant's lawyer will challenge your non-economic damages with the help of interrogatories and depositions and also requests for documents and sworn declarations.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not, the court will dismiss the case. A New York medical malpractice law firms malpractice attorney who is experienced will be well-versed in the specifics of these deadlines and ensure that your claim is submitted before the deadlines set by law.

In the majority of cases, victims of medical malpractice has to bring a lawsuit within two and a half years from the date when the act or omission of a doctor or other health professional caused the injury or death. As with all laws, this rule has its exceptions. For instance, if the error of the health care provider was part of a continuous course of treatment, the 30-month legally required "clock" will not start until that course of treatment is completed or when the patient learns about the diagnosis.

In certain instances patients may not realize the problem until a long time later, for example in the event that a foreign substance remains in the body following surgery or treatment. In this regard, a majority of states have enacted the legal concept of discovery rule, which allows injured victims to extend these deadlines under certain circumstances. Your lawyer is aware of the rules of your state and will examine the timeline of your case with care to avoid any administrative errors that can derail your claims.