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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.

Under common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor is found to be in violation of accepted medical practices and causes injury or death, they may be held responsible for negligence.

Duty of Care

Medical professionals must follow a set of standards accepted by the medical industry as reasonable and prudent when providing healthcare. A patient may be legally able to bring a lawsuit for medical malpractice if those standards aren't followed and the result is injuries or health problems.

The first thing to do in a case of malpractice is to establish that you were a patient of the healthcare provider and that they had a duty to act in a reasonable way. The next step is to prove that a breach of that duty occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the case.

An expert witness can determine if the defendant's actions were below the accepted standard in your particular 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.

You must also establish that the breach directly led to your injury. This is known as causation, and it is the third element of a malpractice claim. In the majority of cases, you'll need a direct cause and effect relationship between the breach of duties and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong medication or treatment being administered, which in turn causes an adverse reaction such as a heart attack.

Breach of Duty

As with all other professionals, doctors have a legal obligation to exercise diligence and care. Doctors are held to an elevated standard however, since they are medical experts and can make life-or-death decisions. The duty of care can be found in the laws and standards that govern specific types of treatments and procedures.

In a negligence case it is vital to prove that the defendant was bound by the duty of care for the plaintiff. Then, it has to be proved that the defendant breached that duty of care. This means that the doctor failed to perform to the required standard of care applicable to the situation. The standard of care is usually determined by what a reasonable individual would do in similar circumstances. For instance the reasonable driver would not stop at an intersection with a red light.

In a malpractice case, expert witnesses are typically required to testify regarding the standard of care and the manner in which it was breached. They can also describe the reason behind the injury and what could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect themselves against any damages that could result from medical negligence. To file an action for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of compensation received from a successful malpractice case is contingent on how your New York medical malpractice lawyer defends your losses. Your lawyer can establish medically necessary expenses by examining your medical records, utilizing expert testimony and consulting economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days that you missed from work due your medical issues, and the fact that these days were a result of the defendant’s negligence.

Non-economic damages can be difficult to prove. You may require assistance from a professional witness who can describe your physical, mental, and emotional pain as an direct result of defendant's negligence. Loss of consortium is a second kind of non-economic loss. It is the inability to enjoy a loving, sexual relationship with your spouse or other significant individual as you used to. The lawyer representing the defendant may 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 met before a medical malpractice case can be filed. If not, the court will dismiss it. A New York medical malpractice lawyers malpractice attorney who is skilled will be well-versed in the specifics of these deadlines, and will ensure that your claim is filed within the deadlines stipulated by law.

In most cases, the victim of medical negligence is required to bring a suit within two and a half years from the time the act or omission by the health professional caused the injury or death. As with all laws, this rule has its exceptions. For instance when the error of the health care provider was part of an ongoing course of treatment, the 30 month mandatory "clock" will not begin until the course of treatment is completed or the patient learns about the diagnosis.

In some instances, a patient may not discover the problem until a considerable time later for instance the case where a foreign body remains in the body following surgery or treatment. To address this issue, the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will be aware of specific laws in your state and will carefully look over your case's timeline in order to avoid any administrative errors that can derail your claim.