Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must follow an ethical standard when treating their patients. If a physician 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 set of standards that are recognized by the medical profession as sensible and prudent in providing medical care. If the standards aren't followed and the result is injuries or health problems patients may be able to sue for medical malpractice lawsuit.

The first step in a malpractice case is to establish that you were a client of the healthcare provider and that they owed you an obligation to act in a reasonable manner. Then, you have to prove the breach of the obligation occurred. This is usually done by an expert witness that can provide an objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions fell below the accepted standard in your particular case. The expert will examine your medical records and also interview or question you in order to make this decision.

You must be able to establish that the breach directly led to your injury. Causation is the third factor in a malpractice lawsuit. In most cases, you will need to have an obvious cause-and effect relationship between the breach of duty and subsequent injury. A misdiagnosis, for instance may result in prescribing the wrong medication or treatment being administered. This could cause a negative reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, are required by law to fulfill a duty to act with reasonable care and caution. Doctors are held to a higher standard but because they are medical experts and can make life-or-death decisions. The obligation of care is found in laws and standards governing certain types of treatments and procedures.

One of the first elements that must be proven in a negligence case is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant violated that duty of care. This means that the doctor did not meet the standard of care in the specific situation. The standard of care is usually determined by what a typical person would do under similar situations. A reasonable driver, for instance will not go through an intersection at a stoplight.

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 explain how the injury was caused and what could have been done to prevent it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To file a lawsuit, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such suffering and pain).

The amount of compensation you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney defends your losses. Your attorney can determine your medically required expenses by examining your medical records, the testimony of experts and the assistance of economic experts. Your medical malpractice law firms malpractice attorney must prove that you lost your earnings by proving the number of days you have missed from work due your medical issues, and that these missed days were the result of the defendant’s negligence.

Non-economic losses can be more difficult to prove, and may require the help of a professional who will testify about your physical, emotional and mental suffering because of the negligence committed by the defendant. Loss of consortium is another type of non-economic damage. It is the inability to maintain an intimate relationship with your spouse, or any other significant person in the same way you once did. The lawyer representing the defendant may challenge your non-economic damages through the use of interrogatories, depositions, along with requests for documents or sworn statements.

Statute of limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice case can be filed. If not the court could dismiss the case. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed within the deadlines that are set by law.

In the majority of cases, a victim of medical malpractice has to present a lawsuit within two and a half years of the date when the negligence or act of a doctor or other health professional resulted in the death or injury. Like all laws, this rule has its exceptions. For instance in the event that the health care provider's error was part of a continuous course of treatment, the 30 month legally required "clock" will not start until the treatment is complete or the patient becomes aware of the diagnosis.

Additionally, in some cases, such as when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. In this regard, a majority of states have enacted the legal concept of discovery rule that allows injured victims to extend these deadlines in certain instances. Your attorney will be aware specific rules in your state and will look over your case's timeline in order to ensure that there are no administrative mistakes which could cause delays to your claim.