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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 built on common law.

In common law, doctors must follow an ethical standard when treating their patients. If a doctor is not following accepted medical practice and it results in a death or injury or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as sensible and prudent in providing medical care. A patient may be able to file a lawsuit for medical malpractice if the standards aren't met and the breach causes injury or health complications.

The first element of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question and that the person or entity was obligated to act reasonably. The next step is to prove that the breach occurred. This is typically done the use of expert testimony which can provide an objective analysis and evaluation.

This expert witness will be able to help determine whether or not the defendant's actions are in violation of the standard of care that is accepted in your particular circumstance. The expert will need to look over your medical records and also interview or question you to determine this.

You must be able to show that the breach directly led to your injury. Causation is a third element in a malpractice claim. In the majority of cases, you will need to have an obvious cause-and effect relationship between the breach of duty and the resulting injury. For example, a misdiagnosis could result in the wrong treatment or medication being administered and that in turn causes an adverse reaction such as a heart attack.

Breach of Duty

As with all people, have a legal obligation to conduct themselves with reasonable care and prudence. However doctors are held to a higher standard because they are medical malpractice lawsuits experts who make life and death decisions. The duty of care is outlined in the laws and standards that govern specific types of treatment and procedures.

In a negligence case, it is vital to prove that the defendant was bound by the obligation of taking care of the plaintiff. It must be established that the defendant did not fulfill this obligation of care. This means that the doctor did not live up to the standard of care for the situation. The quality of care is usually determined by what a reasonable individual would do under the circumstances. A reasonable driver, for example, would not run an intersection at a stoplight.

In a malpractice case experts are often required to testify about the standard of care and the manner in which it was breached. They can also explain what caused the accident and what could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. To bring a claim for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney can determine your medically required expenses by examining your medical records, the testimony of experts and the use of economic experts. In order to prove your loss of earnings, your medical malpractice lawyer must also prove the number of days you were absent from work due to your medical issues and the fact that these days off work were due to the negligence of the defendant.

Non-economic damages can be harder to prove. You may need the assistance of an expert witness who can explain your mental, physical, and emotional pain as a direct result of the defendant's negligence. Loss of consortium is a different type of non-economic damage. This is the inability to maintain a romantic, sexual connection with your spouse or other significant individual as you used to. The defendant's lawyer will challenge your noneconomic damages by way of depositions and interrogatories as well as requests for documents and sworn statements.

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 else it will be dismissed by the courts. A New York medical malpractice attorney who is skilled will be aware of the specifics of these deadlines. They will also ensure that your claim is submitted before the deadlines set by law.

In most cases, a victim of medical malpractice has to bring a lawsuit within two and a half years from the date when the negligence or act of a healthcare professional resulted in the death or injury. Like all laws, this law is not without exceptions. For instance, if the health care provider's error was part of a continuous course of treatment, the 30 month statutory "clock" will not begin until that course of treatment is completed or the patient learns of the diagnosis.

Additionally, in some cases like when a foreign object is found in the body following surgery or treatment, it may not be possible for a patient's to recognize the issue until much later. This is why many states have adopted the legal concept of discovery rule that permits injured victims to extend these deadlines in certain circumstances. Your attorney will be aware specific rules in your state, and will carefully go over the timeline of your case to avoid administrative errors that can derail your claim.