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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help injured patients receive 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 doctor is found to be in violation of accepted medical procedures and causes injury or death, then he could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as sensible and prudent in providing treatment. If the standards aren't followed and if they cause harm or health issues, a patient may be able to bring a medical malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity owed you a duty to act in a reasonable manner. You must then prove the breach occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the case.

The expert witness will determine if the defendant's actions are in violation of the accepted standard of care in your particular case. The expert will review your medical records, and also interview or question you in order to make this determination.

You must be able to show that the breach directly led to your injury. Causation is the third factor in a malpractice lawsuit. In the majority of cases, you will require a direct cause-and- result relationship between the breach of duties and the resulting injury. A misdiagnosis, for instance, could lead to the wrong medication being prescribed or treatment being given. This could result in an adverse reaction such as heart attacks.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to act with care and caution. However doctors are held to an even more stringent standard because they are considered medical experts and deal with life and death decisions. The obligation of care is outlined in laws and standards for specific kinds of treatments and procedures.

One of the most important elements that must be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. Then, it has to be proven that the defendant violated the duty of care. This means that the doctor did not live up to the standard of care applicable to the situation. The quality of care is usually determined by what a reasonable individual would do under the circumstances. A reasonable driver, for lawsuit instance, would not run the traffic light.

In a malpractice lawsuit experts may be required to testify about the standard of care violated and the way in which this standard was violated. They can also explain the cause of the injury and what could have been done to avoid it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to protect against potential losses that may arise due to medical negligence. To file a lawsuit, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).

The amount you are awarded from a successful malpractice lawsuit is contingent on how your New York medical malpractice lawyer makes the case for your losses. Your lawyer can prove your medically necessary expenses by examining your medical records, evidence from experts and the use of economic experts. Your medical malpractice attorney must prove your lost earnings by proving the amount of days you have missed from work due to medical issues, and that these days were the result of 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 explain your physical, mental, and emotional pain as a direct result of the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you did with your spouse or significant other. The lawyer representing the defendant will challenge your non-economic damages in the form of depositions and interrogatories and also requests for documents or sworn statements.

Statute of limitations

In New York, as with every state, there are certain time frames - also known as statutes of limitations within which a medical malpractice lawsuit must be filed else it will be dismissed by the courts. A New York medical malpractice attorney who has experience will be aware of the nuances of these deadlines, and will ensure that your claim is filed before the deadlines set forth by law.

In the majority of cases, a victim of medical malpractice must file his or her lawsuit within two and a half years of the date that the negligence or act of a health care provider resulted in the death or injury. Like all laws, this one is not without exceptions. For instance when the error of the health care provider was part of a continuous course of treatment, the 30-month legally required "clock" will not begin until the treatment is completed or until the patient becomes aware of the diagnosis.

In some cases, a patient may not realize the problem until a long time later, for example in the event that a foreign substance is left within the body after surgery or treatment. In this regard, lawsuit 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 familiar with the rules of your state and will review the timeline of your case with care to avoid administrative errors that could impede your claim.