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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In 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 results in a death or injury the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards accepted by the medical industry as being prudent and reasonable when providing care. If these standards aren't followed and the result is injuries or health problems patients may have grounds to file a medical malpractice lawsuit.

The first step in a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity was obligated to act in a reasonable manner. The next step is to prove the breach of the duty occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the situation.

This expert witness will determine if the defendant's actions fell below the accepted standard of care in your particular situation. To enable the expert to make this determination they must be able to examine your medical records and conduct an examination or interview of you.

You must be able to establish that the breach directly caused your injury. This is known as causation and it is the third element in a malpractice claim. In the majority of instances, you'll need to have an exact cause-and-effect link between the breach of duty and the subsequent injury. For example, a misdiagnosis could result in the wrong treatment or medication being administered and that could result in an adverse reaction such as a heart attack.

Breach of Duty

Doctors, just like other individuals, have a legal obligation to behave with reasonable care and be cautious. Doctors are held to an even higher standard, however, because they are medical experts who make life-or-death decisions. The duty of care is outlined in laws and standards governing specific kinds of treatments and procedures.

In a negligence case it is vital to prove that the defendant owed a duty to care for the plaintiff. Then, it has to be established that the defendant violated that duty of care. This means that the doctor failed to meet the standards of care in this particular situation. The standard of care is generally determined by what a reasonable person would do under the circumstances. For example, a prudent driver wouldn't run when there is a red light.

In a malpractice case experts are usually needed to testify regarding the standard of care and the way in which it was violated. They can also explain the reason behind the injury and explain how they could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To file a lawsuit, the plaintiff must prove both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney argues for your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and consulting economic experts. For your loss of earnings the medical malpractice lawyer has to establish the number of days you were away from work due to your medical condition and also the fact that these days off work were the result of the defendant's negligence.

Non-economic damages can be more difficult to prove and might require the help of a professional who will provide evidence of your physical, emotional, and mental suffering as a result of negligence committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you did with your spouse or your significant other. The defendant's lawyer will challenge your non-economic damages through the use of interrogatories, depositions, and requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there are specific time limits - commonly known as statutes of limitations 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 familiar with the specifics of these deadlines, and will ensure that your claim is filed within the deadlines set forth by law.

In most cases, victims of medical malpractice must present a lawsuit within two and a half years of the date at 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. For instance when 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 complete or the patient learns about the diagnosis.

In some instances, such as when a foreign object is found within the body following surgery or treatment, it might not be possible for a patient to realize the issue until much later. This is why many states have adopted the legal concept of discovery rule which permits injured victims to extend deadlines in certain circumstances. Your lawyer is aware of the rules of your state and will scrutinize the timeline of your case carefully to avoid mistakes in the administration that can derail your claims.