Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are required to follow a certain standard of care when treating patients. If a physician does not follow the accepted medical practices and results in an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standard accepted by the medical industry as being reasonable and prudent when providing healthcare. If those standards are not followed and the result is injuries or health issues the patient may be able to sue for medical malpractice lawsuit.

The first element in a case of malpractice is to prove that you were a patient of the healthcare provider and that they owed you a duty to act reasonably. You must then prove the breach occurred. This is usually done the use of expert testimony which can provide an objective analysis and evaluation.

This expert witness will be able determine if the defendant's actions are in violation of the standard of care that is accepted in your particular situation. The expert will need to look over your medical records and interview or cross-check you in order to make this determination.

You must be able to show that the breach directly led to your injury. This is known as causation, and it is the third requirement of a malpractice claim. In most cases, you will require an exact cause-and-effect link between the breach of duty and subsequent injury. For instance, a mistake in diagnosis could lead to the wrong medication or treatment being administered and that in turn causes an adverse reaction such as a heart attack.

Breach of Duty

As with all people, are legally bound by a duty to act with reasonable care and be cautious. Doctors are held to an even higher standard due to the fact that they are medical experts who make life-or-death decisions. The duty of care is outlined in the laws and standards that govern specific kinds of treatments and procedures.

One of the primary elements that must be established in a negligence case is that the defendant was bound by a duty of care to the plaintiff. Then, it needs to be proven that the defendant did not fulfill that duty of care. This means that the doctor failed to live up to the standard of care in the particular situation. The standard of care is usually determined by what a reasonable person would do in the situation. A reasonable driver, for example would not operate the traffic light.

In a lawsuit involving a malpractice expert witnesses could be required to testify about the standard of care that was breached and the way in which this standard was breached. They can also describe the reason for the injury and explain how they could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance to protect against potential losses that may arise from medical malpractice attorneys negligence. To make an action for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

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

Non-economic losses are more difficult to prove and may require the assistance of a professional who can give evidence about your physical, emotional, and mental distress as a result of negligent actions of the defendant. Loss of consortium is a different type of non-economic damage. It is the inability to enjoy an intimate, sexual relationship with your spouse or another significant person as you used to. The defendant's lawyer will challenge your non-economic damages with the help of interrogatories, depositions, and also requests for documents and sworn declarations.

Statute of limitations

In New York, as with every state, there's a set of time frames - also known as statutes or limitations within which a medical negligence lawsuit must be filed or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be well-versed in the nuances of these deadlines. They will also ensure that your claim is filed within the deadlines stipulated by law.

In most cases, a victim of medical malpractice has to present a lawsuit within two and a half years from the date when the act or omission of a healthcare professional caused the injury or death. However as with all laws there are some exceptions to this rule. For instance in the event that the error made by the health care professional was part of an ongoing course of treatment, the 30-month legally required "clock" will not start until the treatment is completed or until the patient becomes aware of the diagnosis.

Additionally, in certain instances like when a foreign object is left within the body following surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. In this regard, a majority of states have adopted a legal concept called the discovery rule, which allows injured victims to extend deadlines in certain circumstances. Your attorney will be aware specific laws in your state and carefully look over your case's timeline in order to avoid administrative errors that could impede your claim.