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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 legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor violates accepted medical practices and results in death or injury, they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are accepted by the medical profession as reasonable and prudent when providing care. A patient might be in a position to file a lawsuit against a medical professional if those standards aren't met and the failure results in injury or health complications.

The first part of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person was bound to act in a reasonable manner. Then, you must show that the breach of this duty occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the situation.

This expert witness will be able to help determine whether or not the defendant's actions were below the accepted standard of care in your particular situation. The expert will need to look over your medical records and interview or examine you in order to arrive at this conclusion.

You must be able to show that the breach directly caused your injury. This is known as causation and it is the third element of a negligence claim. In most instances, you'll require an immediate cause-and-effect connection between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being administered, which could result in an adverse reaction like a heart attack.

Breach of Duty

As with all other professionals, doctors have a legal obligation to exercise care and prudence. However, doctors are held to an even higher standard since they are considered medical experts who make life and death decisions. The responsibility of medical care is described in the law and standards which are applicable to specific types of treatments and procedures.

One of the first things to be established in a negligence claim is that the defendant owed a duty to care to the plaintiff. Then, it needs to be proven that the defendant violated the duty of care. This means that the doctor did not meet the standard of care in the specific circumstance. The standard of care is usually determined by what a normal person would do in similar situations. For example, a prudent driver wouldn't run an intersection with a red light.

In a malpractice case experts could be required to testify regarding the standard of care that was not met and the manner in which this standard was violated. They can also explain the cause of the injury and suggest ways to have prevented it.

Damages

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

The amount you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice lawsuit malpractice attorney defends your losses. Your attorney can establish the medically necessary expenses by examining your medical records, using experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days you have missed from work due to medical issues, and that these missed days were a result of the defendant’s negligence.

Non-economic damages can be difficult to prove. You may need the assistance of an expert witness who can provide details of your physical, mental and emotional pain that is direct result of the defendant's negligence. Loss in consortium is another kind of non-economic loss. It is the inability of having a loving, sexual relationship with your spouse or any other significant individual as you used to. The defendant's lawyer will challenge your non-economic damages with the help of interrogatories, depositions, along with 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 familiar with the specifics of these deadlines, and will ensure that your claim is filed within the deadlines set by law.

In most cases, a victim of medical malpractice must present a lawsuit within two and a half years of the date that the act or omission of a health care provider resulted in the death or injury. As with all laws, this rule is not without exceptions. For instance, if the error of the health care provider was part of an ongoing course of treatment, the 30 month mandatory "clock" will not start until the course of treatment is completed or until the patient is informed of the diagnosis.

Additionally, in certain situations like when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. Because of this, many states have enacted an idea of law known as the discovery rule which permits injured victims to extend these deadlines in certain instances. Your lawyer will be aware of the specific laws in your state and carefully review your case timeline to avoid administrative errors that could delay your claim.