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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help victims get compensation for their losses. The common law system governs medical malpractice lawsuits.

Under common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor is found to be in violation of accepted medical practices and results in death or injury, then he could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as reasonable and prudent when providing treatment. A patient may be eligible to file a claim against a medical professional if those standards aren't adhered to and the failure causes injury or health complications.

The first step in a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity owed you a duty to act in a reasonable manner. The next step is to prove that the breach of that duty occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the case.

This expert witness will be able to determine if the defendant's actions fall below the standard of care that is accepted in your particular circumstance. To enable the expert to make this determination they must 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 led the injury. This is known as causation, and it is the third requirement of a negligence claim. In the majority of cases, you will require a direct cause & result connection between the breach of duties and the subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered, which could result in an adverse reaction like a heart attack.

Breach of Duty

Like everyone else Medical Malpractice law firm professionals, doctors are under a legal obligation to act with diligence and care. However, doctors are held to an even higher standard since they are medical experts and deal with life and death decisions. The obligation of care is defined in the rules and regulations which are applicable to specific types of procedures and treatments.

In a negligence case, it is vital to prove that the defendant owed a duty to care for the plaintiff. Then, it needs to be proven that the defendant breached that duty of care. This means that the doctor failed to meet the standard of care in this particular circumstance. The standard of care is usually defined by what an average person would do in similar situations. For example the reasonable driver wouldn't run the red light.

In a case of malpractice, expert witnesses are typically required to testify about the standard of care and the way in which it was violated. They can also describe the reason for the injury and what could be done to stop it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages), as well as non-economic losses (such pain and suffering).

The amount you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your lawyer can establish medically essential costs by examining your medical records, using expert testimony, and consulting economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days that you missed working due to medical malpractice attorneys conditions, and also that these days were the result of the defendant’s negligence.

Non-economic damages are more difficult to prove. You may require the assistance of a professional witness who can describe your physical, mental, and emotional suffering as a direct result of the defendant's negligence. Loss in consortium is another kind of non-economic loss. It is the inability to have an intimate, sexual relationship with your spouse or another significant person in the same way you once did. The lawyer for the defendant will attempt to challenge your non-economic damages by a process of interrogatories, depositions and requests for documents and statements under the oath.

Statute of Limitations

In New York, as with every state, there's a set of time limits - commonly known as statutes or limitations within which a medical negligence lawsuit must be filed or else it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your claim is filed by the deadlines set by law.

In most cases, the victim of medical negligence is required to bring a suit within two and a half years of the date that the act or omission committed by a health care provider 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 ongoing course of treatment, then the "clock" of 30 months will not start until the course of treatment is completed or the patient is informed of the diagnosis.

In some instances such as when the foreign object remains in the body following surgery or treatment, it may not be possible for a patient to realize the issue until much later. For this reason, most states have enacted an idea of law known as the discovery rule which permits injured victims to extend these deadlines under certain circumstances. Your attorney will be familiar with the laws of your state and will go over the timeline of your case carefully to avoid any administrative errors which could delay your claims.