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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor does not adhere to the accepted medical standard and results in a death or injury it could be liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set of standards accepted by the medical malpractice lawsuit industry as being prudent and reasonable in providing medical care. A patient may be legally able to bring a lawsuit for medical malpractice if the standards aren't being met and the failure causes injuries or health problems.

The first thing to do in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they had a duty to act in a reasonable way. Then, you need to prove that a breach of that duty occurred. This is typically done using expert testimony that can provide a objective analysis and evaluation.

This expert witness will be able to determine if the defendant's actions fell below the standard of care that is accepted in the particular case. The expert will need to look over your medical records and interview or cross-check you to arrive at this conclusion.

You must also demonstrate that the breach directly caused your injury. Causation is the third element in a malpractice claim. In the majority of cases, you will require a direct cause and effect connection between the breach of duty and the subsequent injury. A misdiagnosis, for example can result in prescribing the wrong medication or treatment being administered. This in turn can cause a negative reaction such as heart attacks.

Breach of Duty

As with all people, have a legal obligation to conduct themselves with reasonable care and caution. Doctors are held to higher standards however, since they are medical experts who make life-or-death decisions. The duty of care can be found in the regulations and laws for specific types of treatment and procedures.

In a case of negligence, it is vital to prove that the defendant owed the obligation of taking care of the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor did not meet the standard of care in this particular situation. The standard of care is usually determined by what a reasonable individual would do in similar circumstances. For example, a prudent driver wouldn't run the red light.

In a malpractice lawsuit experts may be required to provide evidence on the standard of care that was violated and how the standard was breached. They can also provide the reason behind the injury and what could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To bring an action for damages the plaintiff has to prove 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 lawsuit malpractice attorney fights for your losses. Your attorney will be able to determine your medically required expenses through a review your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the number of days you were absent from work due your medical problems, and proving the reason for these absences were a result of the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may require the assistance of an expert witness who can explain your physical, mental and emotional pain as a direct result of the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you did with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic damages by interrogatories and depositions as well as demands for documents and declarations under swearing.

Statute of Limitations

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

In most cases, the victim of medical negligence must make a claim within two-and-a-half years from the date the act or omission by a health care provider caused the injury or medical malpractice death. Like all laws, this rule has its exceptions. If, for instance the error of the health care provider was part of a continuing treatment plan, then the "clock" of 30 months won't start until the course of treatment is completed or the patient has been informed of the diagnosis.

In some instances for instance, when an object that is foreign remains within 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. In order to deal with this issue, a majority of states have embraced the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your lawyer will be aware of the specific laws of your state, and will carefully examine your case's timeline to avoid administrative errors that could impede your claim.