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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help patients who have suffered injuries get compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors must observe an ethical standard when treating their patients. If a physician does not follow accepted medical practice and it results in an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as being reasonable and prudent in their healthcare. If these standards aren't adhered to and the failure results in harm or health issues patients may be able to file a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question, and that the entity or person had a legal obligation to act reasonably. Then, you have to prove that the breach of that duty occurred. This is usually done an expert witness that can provide an objective analysis and evaluation.

The expert witness will help determine if the defendant's actions were below the accepted standard in your particular case. To allow the expert to make this determination they must be able to review your medical records and conduct an examination or interview of you.

You must also be able to establish that the breach of duty caused the injuries. Causation is a third element in a malpractice lawsuit. In the majority of cases, you'll need a direct cause and effect connection between the breach of duty and the subsequent injury. A misdiagnosis, for instance can result in the wrong medication being prescribed or treatment being administered. This can cause an adverse reaction such as heart attacks.

Breach of Duty

Just like everyone else medical professionals, doctors are under a legal obligation to exercise care and caution. Doctors are held to an even higher standard however, since they are medical experts and have the authority to make life-or-death decisions. The obligation of care is defined in the laws and standards that govern specific types of procedures and treatments.

One of the primary elements that must be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. Then, it has to be established that the defendant breached that duty of care. This means that the doctor did not perform to the required standard of care for the situation. The standard of care is usually determined by what a reasonable individual would do in the same situation. For instance, a prudent driver would not run when there is a red light.

In a malpractice lawsuit experts could be required to provide evidence on the standard of care that was not met and the way in which this standard was breached. They can also describe the cause of the injury and what could have been done to prevent it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. To file a lawsuit, the plaintiff must prove both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such suffering and pain).

The amount of compensation received from a successful malpractice lawsuit depends on the way in which your New York medical malpractice lawyer presents the case for your losses. Your attorney can prove your medically necessary expenses through a review of your medical records, testimony from experts and the assistance of economic experts. In order to prove your loss of earnings the medical malpractice lawyer should also establish the number of days you missed work due to medical issues and the fact that the absences were due to the defendant's negligence.

Non-economic damages can be difficult to prove. You may require the assistance of an expert witness who can describe your physical, mental and emotional pain as an direct result of defendant's negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you did with your spouse or your significant other. The lawyer representing the defendant will challenge your non-economic damages through the use 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 deadlines - commonly referred to as statutes or limitations within which a medical malpractice lawsuit must be filed otherwise it could be dismissed by the courts. An experienced New York medical malpractice lawyer is well-versed in these details and will ensure that your case is filed within the deadlines that are set by law.

In the majority of instances, the victim of medical malpractice must file his or her lawsuit within two and a half years of the date at which the negligence or lawsuit act of a medical professional resulted in the death or injury. However like with all laws there are some exceptions to this rule. For instance, if the error of the health care provider was part of a continuous course of treatment, the 30 month legally required "clock" will not begin until the treatment is completed or until the patient becomes aware of the diagnosis.

Additionally, in some cases such as when an object that is foreign remains in the body after surgery or treatment, it may not be possible for a patient to realize that there was a problem until much later. To solve this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your attorney will be aware of specific rules of your state and will go over the timeline of your case to ensure that there are no administrative mistakes which could cause delays to your claim.