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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to follow a certain standard of care when treating patients. If a doctor deviates from the accepted medical norms and causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standards accepted by the medical industry as being reasonable and prudent when providing healthcare. If the standards aren't followed and if they cause injuries or health issues the patient could be able to bring a medical malpractice lawsuit.

The first thing to do 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 manner. You then need to prove that the breach occurred. This is usually accomplished by the use of expert testimony which can provide a objective analysis and evaluation.

This expert witness will determine if the defendant's actions are in violation of the standard of care that is accepted in your particular case. The expert will need to examine your medical records and interview or examine you in order to arrive at this conclusion.

It is also necessary to establish that the breach of duty caused you to experience injuries. Causation is the third element in a malpractice lawsuit. In most cases, you will need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. A mistake in diagnosis, for instance, could lead to prescribing the wrong medicine or treatment being administered. This in turn can cause an adverse reaction, such as heart attacks.

Breach of Duty

Physicians, like all other individuals, have a legal obligation to conduct themselves with reasonable care and prudence. 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 obligation of care is outlined in the regulations and laws for specific types of treatment and procedures.

In a negligence case it is essential to establish that the defendant was bound by an obligation to take care of the plaintiff. It must be established that the defendant breached this duty of care. This means that the doctor failed to meet the standards of care in this particular situation. The standard of care is typically determined by what a reasonable individual would do in similar circumstances. A reasonable driver, for instance would not operate the traffic light.

In a case of malpractice expert witnesses could be required to provide evidence on the standard of care that was violated and how the standard was violated. They can also describe the reason behind the accident and what could have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any damages that could result from medical negligence. To bring a claim for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney argues for your losses. Your lawyer can determine your medically required expenses by examining your medical records, the testimony of experts and the use of economic experts. In order to prove your loss of earnings, your medical malpractice lawyer must prove the number of days you were away from work because of your medical conditions and the fact that the absences resulted from the negligence of the defendant.

Non-economic damages are more difficult to prove. You may require assistance from a professional witness who can describe your physical, mental, and emotional distress as directly resulting from the defendant's negligence. Loss of consortium is another type of non-economic harm. It is the inability to have a loving, sexual relationship with your spouse or another significant person like you once did. The lawyer for the defendant will attempt to challenge your non-economic losses through a process of interrogatories, depositions and requests for documents and evidence under the oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise the court will decide to dismiss it. A New York medical malpractice attorney who is experienced is well-versed in the nuances of these deadlines, and will ensure that your claim is submitted before the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence has to bring a suit within two and Medical Malpractice Attorney a half years from the time the act or omission by medical professionals resulted in injury or death. As with all laws, this rule has its exceptions. If, for example, the error made by the health professional was part of a ongoing course of treatment, the "clock" of 30 months will not begin until the treatment has been completed or medical Malpractice attorney the patient is informed of the diagnosis.

Additionally, in certain situations for instance, when a foreign object is left within the body following surgery or treatment, it might not be possible for a patient to realize that there was a problem until much later. For this reason, most states have enacted a legal concept called the discovery rule that permits injured victims to extend these deadlines in certain situations. Your lawyer will be aware of the rules of your state and will review the timeline of your case carefully to avoid any administrative errors that could cause delays to your claim.