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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to adhere to a certain standard of care when treating patients. If a doctor is not following the accepted medical norms and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being sensible and prudent in providing medical care. If those standards are not adhered to and the failure results in injuries or health problems the patient could be able to bring a medical malpractice lawsuit.

The initial step of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity owed you a duty to act reasonably. You then need to prove that the breach occurred. This is usually done expert testimony that can provide a objective analysis and evaluation.

The expert witness will be able help determine whether or not the defendant's actions fall below the accepted standard of care in your particular circumstance. The expert will review your medical records, and interview or examine you in order to make this determination.

You also need to establish that the breach of duty caused the injuries. This is known as causation and it is the third element of a malpractice claim. In most instances, you'll require an obvious cause-and effect relationship between the breach of duty and the resulting injury. For instance, a misdiagnosis could lead to the wrong medication or treatment being prescribed and can result in an adverse reaction, such as heart attacks.

Breach of Duty

As with all people, are legally bound by a duty to act with reasonable care and caution. However doctors are held to an even higher standard because they are considered experts in medicine and have to make life and death decisions. The duty of care is outlined in the regulations and standards that apply to certain types of procedures and treatments.

In a negligence case it is vital to prove that the defendant had the obligation of taking care of the plaintiff. It must be proved that the defendant violated this duty of care. This means that the doctor failed to adhere to the standard of care applicable to the situation. The standard of care is generally determined by what a reasonable individual would do in the same situation. For example, a reasonable driver wouldn't run the red light.

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

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential loss that may result due to medical negligence. To file a lawsuit, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) and non-economic losses (such pain and suffering).

The amount you are awarded from a successful malpractice lawsuit is contingent on how your New York medical malpractice law firm malpractice lawyer defends your losses. Your attorney will be able to establish your medically necessary expenses by examining your medical records, evidence from experts and the use of economic experts. For your loss of earnings, your medical malpractice lawyer has to establish the number of days you were off work because of your medical condition and also the fact that these days off work were the result of the defendant's negligence.

Non-economic damages can be harder to prove. You may require the assistance of a professional witness who can explain your physical, mental and emotional pain as directly resulting from the defendant's negligence. Other types of non-economic losses include loss of consortium, which is an inability to maintain a loving and sexual relationship in the same way you used to with your spouse or your significant other. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through a process of interrogatories, depositions and requests for documents and evidence under swearing.

Statute of Limitations

In New York, as with every state, there are definite time frames - also known as statutes of limitation within which a medical malpractice lawsuit must be filed or else it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is well-versed in these details and will ensure that your claim is filed before the deadlines established by law.

In most cases, victims of medical malpractice has to bring a lawsuit within two and a half years from the date that the act or omission of a doctor or other health professional caused the injury or death. However like all laws, there are a few exceptions to this rule. For instance if the health care provider's error was part of an ongoing course of treatment, the 30-month statutory "clock" will not start until the course of treatment is completed or the patient learns about the diagnosis.

Additionally, in some cases such as when an object that is foreign remains inside the body after surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. For this reason, most states have adopted the legal concept of discovery rule that permits injured victims to extend these deadlines under certain circumstances. Your lawyer will be aware of the specific laws of your state and will review your case timeline to avoid administrative errors that can derail your claim.