Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help victims receive compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

In common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor violates accepted medical practices and results in injury or death they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as reasonable and prudent in their treatment. If the standards aren't followed and if they cause harm or health issues patients may have grounds to file a medical malpractice lawsuit.

The first step in a malpractice case is to prove that you were a client of the healthcare provider and that they owed you an obligation to act in a reasonable way. Then, you have to prove that the breach of that obligation occurred. This is typically done with the use of expert testimony that can provide an objective analysis and evaluation of the situation.

This expert witness will be able determine if the defendant's actions fall below the standard of care that is accepted in your particular circumstance. The expert will need to look over your medical records and then interview or testify against you in order to make this determination.

It is also necessary to prove that the breach of duty directly caused you to suffer injuries. This is known as causation and it is the third requirement of a negligence claim. In the majority of cases, you will require a direct cause and effect relationship between the breach of duty and the resulting injury. For instance, a wrong 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

Like all people, have a legal obligation to exercise reasonable care and prudence. Doctors are held to an even higher standard but because they are medical experts and make life-or-death decisions. The duty of care can be found in laws and standards governing specific kinds of treatments and procedures.

One of the first things to be established in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor did not meet the standard of care in this particular situation. The standard of care is typically determined by what a normal person would do under the same situation. For instance the reasonable driver would not stop at an intersection with a red light.

In a case of negligence, experts are usually needed to testify on the standard of care and the way in which it was violated. They can also explain the cause of the injury and what could have been 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. In order to file a claim 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 suit for malpractice depends on how well your New York medical malpractice attorney argues for your losses. Your attorney can establish medically necessary expenses by examining your medical records, utilizing expert testimony, and consulting economic experts. In order to prove your loss of earnings your medical malpractice lawyer must also demonstrate the number of days you missed work because of your medical complications and the fact that these missed work days resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may require the assistance of an expert witness who can detail your physical, mental and emotional suffering as a direct result of the defendant's negligence. Loss of consortium is another type of non-economic damage. It is the inability of having an intimate relationship with your spouse or other significant individual as you used to. The lawyer representing the defendant will contest your non-economic losses through a process of interrogatories, depositions, and requests for statements and documents under swearing.

Statute of Limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not the court could dismiss it. A New York medical malpractice attorney who is knowledgeable is well-versed in the nuances of these deadlines and ensure that your claim is submitted before the deadlines specified by law.

In the majority of cases, the victim of medical negligence must make a claim within two-and-a-half years from the time the act or omission by the health professional resulted in injury or death. As with all laws this one is not without exceptions. For instance, if the error of the health care provider was part of an ongoing course of treatment, the 30 month mandatory "clock" will not begin until the course of treatment is completed or when the patient is informed of the diagnosis.

In some instances for instance, when a foreign object is found within the body following surgery or treatment, it might not be possible for a patient to discover the issue until much later. To address this issue, the majority of states have embraced what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your lawyer will be aware of the specific laws in your state and will look over your case's timeline in order to ensure that there are no administrative mistakes that could impede your claim.