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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

In the common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor deviates from the accepted medical norms and causes 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 reasonable and prudent in providing healthcare. Patients may be in a position to file a lawsuit for medical malpractice if the standards aren't being met and the breach causes injuries or health complications.

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 were bound to act in a reasonable way. You must then prove the breach occurred. This is usually done by using expert testimony that can provide a objective analysis and evaluation.

The expert witness can determine whether the defendant's actions were less than the accepted standard in your case. The expert will need to look over your medical records and then interview or testify against you in order to make this decision.

You must be able to establish that the breach directly caused your injury. This is known as causation and it is the third component of a negligence claim. In the majority of cases, you will need to have an obvious cause-and effect relationship between the breach of duty and the subsequent injury. A misdiagnosis, for instance, could lead to prescriptions for the wrong drug or treatment being given. This could cause an adverse reaction such as a heart attack.

Breach of Duty

Doctors, just like other people, are required by law to fulfill a obligation to behave with reasonable care and be cautious. Doctors are held to a higher standard, however, because they are medical experts and can make life-or-death decisions. The obligation of care can be found in laws and standards for certain types of treatments and procedures.

One of the most important elements that must be proven in a negligence claim is that the defendant owed a duty to care to the plaintiff. It must be proved that the defendant did not fulfill this obligation of care. This means that the doctor failed to adhere to the standard of care in the particular situation. The quality of care is usually determined by what a reasonable person would do in the same situation. A reasonable driver, for instance would not use at a traffic light.

In a case of negligence, expert witnesses are often needed to testify regarding the standard of care and the way in which it was violated. They can also describe how the injury occurred and what could have been done to prevent it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to protect against potential loss that may result from medical negligence. To file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).

The amount you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your attorney will establish medically necessary expenses by examining your medical records, using expert testimony, medical malpractice and collaborating with economic experts. For the loss of your earnings the medical malpractice lawyer must also demonstrate the number of days you were off work due to your medical condition and also the fact that these absences were due to the defendant's negligence.

Non-economic damages can be difficult to prove. You may need the assistance of a professional witness who can explain your mental, physical, and emotional pain as direct result of the defendant's negligence. Other types of non-economic losses include loss of consortium, which is the inability to maintain a romantic and sexual relationship like you used to with your spouse or your significant other. The lawyer for the defendant will attempt to challenge your non-economic damages through a process of interrogatories, depositions and requests for statements and documents under oath.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. If not the court will not dismiss it. A New York medical malpractice attorney who has experience is well-versed in the nuances of these deadlines and will ensure that your claim is filed before the deadlines stipulated by law.

In the majority of instances, the victim of medical malpractice must bring a lawsuit within two and a half years from the date on which the act or omission of a health care provider caused the injury or death. As with all laws, this rule is not without exceptions. If, for example, the error made by the health care provider was part of a continuing course of treatment, the "clock" of 30 months won't start until the treatment has been completed or the patient has been informed of the diagnosis.

In some instances, such as when a foreign object is left inside the body after surgery or treatment, it might not be possible for a patient to discover that there was a problem until much later. To address this issue, the majority of states have adopted the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your lawyer is familiar with the rules of your state and will review the timeline of your case with care to avoid administrative errors which could delay your claims.