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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must follow the standard of care when treating their patients. If a doctor does not adhere to accepted medical practice and results in injury or death, then he could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as being reasonable and prudent in providing treatment. If those standards are not met and that failure causes injuries or health issues patients may be able to sue for medical malpractice lawsuit.

The first element in a malpractice case is to prove that you were a patient of the healthcare provider and that they had a duty to act in a fair manner. Then, you have to prove that a breach of that obligation occurred. This is usually done through the use of expert testimony who can provide an objective analysis and assessment of the situation.

The expert witness will be able help determine whether or not the defendant's actions fell below the standard of care that is accepted in the particular case. The expert will need to examine your medical records and also interview or question you to make this decision.

You must also prove that the breach directly led to your injury. Causation is a third element in a claim for malpractice. In the majority of cases, you'll require a direct cause and result relationship between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could lead to the wrong medication or treatment being administered, which could result in an adverse reaction like a heart attack.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to act with care and prudence. However, doctors are held to an even higher standard due to the fact that they are considered experts in medicine and deal with life and death decisions. The responsibility of medical care is described in the rules and regulations that apply to certain types of procedures and treatments.

One of the primary elements that must be established in a negligence claim is that the defendant owed a duty to care to the plaintiff. Then, it must be proved that the defendant violated that duty of care. This means that the doctor failed to meet the standards of care in the specific circumstance. The standard of care is usually defined by what an average person would do under similar situations. For example, a reasonable driver would not speed through the red light.

In a case of malpractice experts could be needed to testify on the standard of care that was not met and how this standard was violated. They can also discuss how the injury occurred and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount you are awarded from a successful lawsuit for malpractice is contingent on how your New York medical malpractice lawyer can argue for your losses. Your attorney can establish medically required costs by looking over your medical records, utilizing expert testimony, and collaborating with economic experts. In order to prove your loss of earnings your medical malpractice lawyer must show the number of times you were off work due to medical conditions and the fact that these missed work days resulted from the defendant's negligence.

Non-economic losses are more difficult to prove, and may require the assistance of a professional who will provide evidence of your physical, emotional and mental pain as a result of the negligence of the defendant. Loss of consortium is another type of non-economic harm. This is the inability to enjoy an intimate relationship with your spouse or Medical Malpractice Lawsuit another significant person in the same way you used to. The defendant's attorney will challenge your non-economic damages by depositions, interrogatories, and requests for documents and statements under oath.

Statute of Limitations

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

In most instances, the victim of medical malpractice must bring a lawsuit within two and a half years from the date that the negligence or medical malpractice lawsuit act of a medical professional resulted in the death or injury. However like all laws, there are a few exceptions to this rule. For instance, if the error made by the health care professional was part of a continuous course of treatment, the 30 month legal "clock" will not begin until the course of treatment is complete or the patient learns about the diagnosis.

Additionally, in certain instances like when a foreign object is found in the body following surgery or treatment, it might not be possible for a patient to discover the issue until much later. In this regard, a majority of states have enacted an idea of law known as the discovery rule that allows injured victims to extend deadlines in certain situations. Your attorney will know the specific laws of your state and carefully review your case timeline to avoid any administrative errors which could cause delays to your claim.