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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients get compensation for their losses. The common law system governs medical malpractice lawsuits.

Under common law, doctors are required to follow a certain standard of care when treating patients. If a doctor does not adhere to accepted medical practice and results in death or injury, the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as being prudent and reasonable when providing care. When those standards are not followed and if they cause injuries or health problems the patient may be able to sue for medical malpractice lawsuit.

The first element in a malpractice lawsuit is to prove that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable way. The next step is to prove the breach of the obligation occurred. This is usually accomplished by expert testimony that can provide a objective analysis and evaluation.

The expert witness can determine whether the defendant's actions fell below the standard of care in your case. The expert will look over your medical records and also interview or question you in order to make this determination.

You also need to establish that the breach of duty directly caused you to experience injury. This is known as causation, and it is the third element in a negligence claim. In the majority of instances, you'll require an exact cause-and-effect link between the breach of duty and the resulting injury. For instance, a mistake in diagnosis could lead to the wrong medication or treatment being administered and can result in an adverse reaction, such as a heart attack.

Breach of Duty

Doctors, just like other people, have a legal obligation to conduct themselves with reasonable care and prudence. Doctors are held to a higher standard but because they are medical experts who make life-or-death decisions. The duty of care can be found in laws and standards for specific types of treatment and procedures.

In a case of negligence, it is essential to establish that the defendant was bound by a duty to care for the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor failed to meet the standards of care applicable to the situation. The standard of care is usually defined by what an average person would do under the same circumstances. A reasonable driver, for example will not go through an intersection at a stoplight.

In a malpractice case expert witnesses are typically required to testify on the standard of care and the manner in which it was breached. They can also discuss how the injury occurred and what could be done to stop it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance to protect themselves against any losses that might arise due to medical negligence. To be able to file a claim the plaintiff will need to show both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such suffering and pain).

The amount of compensation you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney fights for your losses. Your lawyer will establish your medically necessary expenses through a review your medical malpractice attorneys records, evidence from experts and the use of economic experts. In order to prove your loss of earnings your medical malpractice lawyer should also prove the number of days you were absent from work because of your medical issues and the fact that the absences were the result of the negligence of the defendant.

Non-economic damages are more difficult to prove. You may require assistance from an expert witness who can provide details of your physical, mental, and emotional distress as direct result of the defendant's negligence. Other types of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you did with your spouse or significant other. The attorney representing the defendant will challenge your non-economic losses through interrogatories, depositions, and requests for documents and statements under the oath.

Statute of Limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. Otherwise the court will not dismiss it. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your claim is filed before the deadlines that are set by law.

In most cases, a victim of medical malpractice has to file his or her lawsuit within two and a half years from the date that the act or omission of a doctor or other health professional resulted in the death or injury. However like all laws there are a few exceptions to this rule. For instance in the event that the error by the health professional 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 learns about the diagnosis.

In certain instances, a patient may not be aware of the issue until quite a while later, for example when a foreign object is left in the body following surgery or treatment. In this regard, a majority of states have enacted an idea of law known as the discovery rule that allows injured victims to extend these deadlines in certain situations. Your attorney will be aware of specific laws of your state and carefully examine your case's timeline to avoid administrative errors that could impede your claim.