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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims receive compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

In common law, doctors must adhere to an ethical standard when treating their patients. If a doctor violates accepted medical practices and results in death or injury, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as being reasonable and prudent in providing treatment. When those standards are not met and that failure causes injury or health complications the patient may be able to bring a medical malpractice lawsuit.

The first element of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity was bound to act in a reasonable manner. You must then prove that the breach occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the situation.

An expert witness can determine whether the defendant's actions were below the standard of care in your case. The expert will review your medical records, and interview or Medical Malpractice Attorney examine you in order to make this determination.

It is also necessary to establish that the breach of duty directly caused the injury. This is known as causation and it is the third requirement of a malpractice claim. In the majority of cases, you'll require a direct cause and effect relationship between the breach of duties and the resulting injury. A misdiagnosis for instance may result in prescriptions for the wrong drug or treatment being given. This could result in an adverse reaction such as a heart attack.

Breach of Duty

Like everyone else physicians, doctors are legally bound by an obligation to exercise diligence and care. However, doctors are held to a higher standard because they are medical experts and have to make life and death decisions. The duty of care is found in the laws and standards that govern specific types of treatment and procedures.

One of the most important elements to be established in a negligence claim is that the defendant was bound by a duty care to the plaintiff. It must be proven that the defendant violated that duty of care. This means that the doctor did not meet the standards of care in this particular circumstance. The quality of care is usually determined by what a reasonable person would do in the situation. For example an honest driver would not speed through an intersection with a red light.

In a malpractice case, expert witnesses are often needed to testify about the standard of care and the manner in which it was breached. They can also explain how the injury was caused and what could be done to prevent it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance to protect themselves against any loss that may result due to medical negligence. In order to make an action 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 from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, using expert testimony and consulting economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the number of days you were absent working due to medical problems, Medical malpractice attorney and proving the reason for these absences were due to the defendant's negligence.

Non-economic losses are more difficult to prove and may require the assistance of a professional who will provide evidence of your physical, emotional, and mental suffering due to the infractions committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you once could with your spouse or your significant other. The attorney representing the defendant will challenge your non-economic losses through a process of interrogatories, depositions and requests for documents and statements under swearing.

Statute of Limitations

Like every state, New York has a statute of limitations that must be met prior to a medical negligence case can be filed. If not the court could dismiss the case. 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 submitted before the deadlines stipulated by law.

In the majority of cases, victims of medical malpractice must make a claim within two and a half years from the date on which the negligence or act of a doctor or other health professional resulted in the death or injury. As with all laws, this one is not without exceptions. If, for instance the error of the health professional was part of a continuous 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 some instances it is possible that a patient will not recognize the problem until quite a while later, for example, if a foreign body is left in the body following surgery or treatment. In order to address this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your lawyer will be familiar with the rules of your state and will scrutinize your case's timeline carefully to avoid any administrative errors which could delay your claims.