Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims get compensation for their losses. The common law system regulates medical malpractice lawsuits.

According to common law, doctors are required to adhere to a certain standard of care when treating patients. If a doctor violates accepted medical practices and results in injury or death then he could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards accepted by the medical industry as being prudent and reasonable in providing medical care. A patient could be legally able to bring a lawsuit for medical malpractice if the standards aren't followed and the failure causes injuries or health problems.

The first step in a malpractice lawsuit is to establish that you were a client of the healthcare provider and that they were bound to act in a fair manner. Then, you must show the breach of the obligation occurred. This is typically done with the use of expert testimony that can provide an objective analysis and evaluation of the case.

An expert witness can determine whether the defendant's actions fell below the accepted standard in your particular case. The expert will examine your medical malpractice law firm records and interview or cross-check you to arrive at this conclusion.

You also need to prove that the breach of duty caused the injuries. Causation is the third element in a claim for malpractice. In the majority of cases, you will need a direct cause and effect connection between the breach of duty and the resulting injury. For instance, a misdiagnosis could result in the wrong treatment or medication being administered, which results in an adverse reaction, like heart attacks.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to act with diligence and care. However doctors are held to an even higher standard since they are considered experts in medicine and are able to make life and death decisions. The duty of care is set in the law and standards that govern specific types of treatments and procedures.

One of the most important elements that must be established in a negligence case is that the defendant owed a duty to care to the plaintiff. Then, it has to be established that the defendant violated the duty of care. This means that the doctor did not meet the standard of care in this particular circumstance. The quality of care is usually determined by what a typical person would do in similar circumstances. For example an honest driver wouldn't run the red light.

In a case of malpractice, expert witnesses are often needed to testify about the standard of care and the manner in which it was breached. They can also provide the reason behind the accident and what could have prevented it.

Damages

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

The amount you are awarded from a successful malpractice lawsuit depends on how your New York medical malpractice lawyer makes the case for your losses. Your attorney will be able to establish your medically necessary expenses through a review your medical records, testimony from experts, and the use of economic experts. For the loss of your earnings, your medical malpractice lawyer should also establish the number of days you missed work due to medical complications and the fact that these absences were due to the negligence of the defendant.

Non-economic damages can be harder to prove. You may need assistance from a professional witness who can provide details of your physical, mental, and emotional suffering as direct result of the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or significant other. The lawyer representing the defendant will challenge your noneconomic damages by way of depositions and interrogatories and also requests for documents and sworn statements.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. If not the court will decide to dismiss it. A New York medical malpractice attorney who is skilled will be familiar with the specifics of these deadlines and ensure that your claim is submitted before the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence must make a claim within two-and-a-half years from the date the act or omission by the health professional resulted in the injury or death. However like with all laws, there are a few exceptions to this rule. For instance if the error by the health professional was part of a continuous course of treatment, the 30 month legally required "clock" will not begin until that course of treatment is completed or the patient becomes aware of the diagnosis.

In some cases, a patient may not be aware of the issue until a considerable time later for instance when a foreign object remains in the body following surgery or treatment. To tackle this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your lawyer will be familiar with the laws of your state and will examine the timeline of your case carefully to avoid administrative errors that could cause delays to your claim.