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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims get compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In common law, doctors must follow the highest standards of care when treating their patients. If a physician does not follow the accepted medical norms and results in injury or death the doctor 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 being sensible and prudent in providing care. If those standards are not followed and the result is injuries or health problems the patient may be able to file a medical malpractice lawyers malpractice lawsuit.

The first element of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question, and that the person or entity was bound to act in a reasonable way. Then, you must show that the breach of this obligation occurred. This is usually done by an expert witness that can provide an objective analysis and evaluation.

The expert witness can determine whether the defendant's actions were less than the accepted standard in your case. In order for the expert to make this determination they must be able review your medical records and conduct an examination or interview with you.

It is also necessary to prove 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 will require an immediate cause-and-effect connection between the breach of duty and subsequent injury. For instance, a misdiagnosis could result in the wrong medication or treatment being administered, which results in an adverse reaction, like heart attacks.

Breach of Duty

Doctors, just like other people, are required by law to fulfill a duty to act with reasonable care and caution. However doctors are held to an even higher standard since they are considered medical experts and are able to make life and death decisions. The duty of care is outlined in the regulations and standards that are situated for specific types of procedures and treatments.

In a negligence case it is crucial to prove that the defendant was bound by the obligation of taking care of the plaintiff. It must be proven that the defendant violated this duty of care. This means that the doctor did not meet the standards of care in the specific circumstance. The quality of care is usually determined by what a normal person would do under similar circumstances. A reasonable driver, for example, would not run the traffic light.

In a malpractice lawsuit expert witnesses could be needed to testify on the standard of care that was violated and how the standard was breached. They can also discuss how the injury was caused and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance to protect against potential losses that might arise due to medical negligence. To file a lawsuit, the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your lawyer will prove your medically necessary expenses by examining your medical records, the testimony of experts, and the use of economic experts. For your loss of earnings the Medical Malpractice Law Firm malpractice lawyer must also demonstrate the number of days you were away from work because of your medical conditions and the fact that these days off work were due to the negligence of the defendant.

Non-economic losses can be more difficult to prove, and may require the assistance of a professional who can be able to testify about your physical, emotional, and mental distress due to the negligence 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 did with your spouse or significant other. The lawyer representing the defendant will challenge your non-economic damages with the help of interrogatories and depositions and also requests for documents and sworn testimony.

Statute of Limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. If not the court will decide to dismiss the case. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure your claim is filed within the deadlines stipulated by law.

In the majority of cases, a victim of medical malpractice must file his or her lawsuit within two and a half years from the date at which the negligence or act of a medical professional caused the injury or death. However as with all laws there are a few exceptions to this rule. If, for instance the error committed by the health professional was part of a ongoing treatment plan, then the "clock" of 30 months won't start until the course of treatment is completed or the patient is informed of the diagnosis.

In certain instances it is possible that a patient will not recognize the problem until a long time after, for example, if a foreign body is left within the body after surgery or treatment. For this reason, most states have enacted the legal concept of discovery rule, which allows injured victims to extend these deadlines in certain instances. Your lawyer will be aware of the rules of your state and will examine the timeline of your case with care to avoid administrative mistakes that can derail your claims.