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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The common law system regulates medical malpractice claims.

In common law, doctors must follow the standard of care when treating their patients. If a doctor violates accepted medical practices and results in death or injury, the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must follow a set of standards that are accepted by the medical profession as being reasonable and prudent when providing care. A patient may be eligible to file a claim for medical malpractice if those standards aren't being met and the breach causes injuries or health issues.

The first step in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they owed you an obligation to act reasonably. You must then prove the breach occurred. This is usually done by using expert testimony that can provide an objective analysis and evaluation.

This expert witness will be able to determine if the defendant's actions fall below the standard of care that is accepted in the particular case. The expert will need to review your medical records, and interview or cross-check you to arrive at this conclusion.

You must be able to demonstrate that the breach directly caused your injury. Causation is a third element in a malpractice lawsuit. In most cases, you will require an obvious cause-and effect relationship between the breach of duty and the subsequent injury. A misdiagnosis, for instance can result in prescribing the wrong medication or treatment being administered. This can cause an adverse reaction, such as heart attacks.

Breach of Duty

Just like everyone else, doctors have a legal obligation to exercise diligence and care. Doctors are held to an even higher standard but because they are medical experts and make life-or-death decisions. The obligation of care can be found in laws and standards for specific kinds of treatments and procedures.

In a negligence case, it is vital to prove that the defendant was bound by an obligation to take care of the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor failed to meet the standards of care in the specific circumstance. The quality of care is usually defined by what an average person would do in the same circumstances. A reasonable driver, for example would not operate an intersection at a stoplight.

In a case of negligence, expert witnesses are typically required to testify on the standard of care and the manner in which it was breached. They can also discuss what caused the injury and explain how they could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. To file an action for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your attorney can establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days you were away from work due your medical issues, and the fact that these days were due to the defendant's negligence.

Non-economic losses can be more difficult to prove and could require the help of a professional who can testify about your physical, emotional and mental pain due to the negligent actions of the defendant. Other types of non-economic losses include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you once could with your spouse or significant other. The lawyer for the defendant will contest your noneconomic damages by way of depositions and interrogatories and also requests for documents and sworn testimony.

Statute of limitations

Like all states, 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 well-versed in the specifics of these deadlines and will ensure that your claim is submitted before the deadlines set by law.

In most cases, a victim of medical malpractice must file his or her lawsuit within two and a half years from the date when the negligence or act of a healthcare professional caused the injury or death. However as with all laws, there are a few exceptions to this rule. For instance in the event that the error by the health professional was part of a continuous course of treatment, the 30 month statutory "clock" will not begin until the treatment is completed or when the patient learns about the diagnosis.

In certain instances it is possible that a patient will not be aware of the issue until quite a while later, for example in the event that a foreign substance is left in the body following surgery or treatment. To tackle this issue, the majority of states have implemented what is known as the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your lawyer will be well-versed in the laws of your state and will go over your case's timeline carefully to avoid any administrative errors that could impede your claim.