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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 legal system that governs medical malpractice cases is founded on common law.

In the common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor is found to be in violation of accepted medical procedures and causes injury or death, they could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as sensible and prudent in providing care. If the standards aren't met and that failure causes injuries or health problems the patient could have grounds to file a medical malpractice lawsuit.

The first step in a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider and that the entity or person was bound to act in a reasonable manner. You must then prove that the breach occurred. This is usually done expert testimony that can provide a objective analysis and evaluation.

The expert witness will help determine whether the defendant's actions fell below the standard of care in your specific case. The expert will need to look over your medical records and then interview or testify against you to make this determination.

You must be able to prove that the breach directly caused your injury. This is known as causation and it is the third requirement of a negligence claim. In the majority of instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. For example, a misdiagnosis could result in the wrong treatment or medication being administered and that could result in an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors, doctors have a legal obligation to act with care and prudence. However, doctors are held to a higher standard since they are considered experts in medicine and are able to make life and death decisions. The duty of care is found in the regulations and laws for specific types of treatments and procedures.

One of the first things that must be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. It must be proved that the defendant did not fulfill this obligation of care. This means that the doctor did not meet the standards of care in the specific situation. The quality of care is usually determined by what an ordinary person would do in the same situation. A reasonable driver, for example will not go through an intersection at a stoplight.

In a case of negligence, experts are often required to testify on the standard of care and the manner in which it was breached. They can also describe how the injury was caused and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. To bring an action 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 is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your lawyer will 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 number of days you have missed from work because of medical problems, and proving that these days were a result of the defendant’s negligence.

Non-economic damages can be difficult to prove. You may require assistance from a professional witness who can provide details of your mental, physical, and emotional distress as direct result of the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages in the form of interrogatories and depositions and requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there's a set of time frames - also known as statutes of limitation within which a medical malpractice lawsuit must be filed otherwise it will be rejected by the courts. A New York medical malpractice attorney who has experience will be aware of the nuances of these deadlines. They will also ensure that your claim is filed before the deadlines stipulated by law.

In the majority of instances, the victim of medical malpractice must make a claim within two and a half years of the date at which the act or omission of a doctor or other health professional caused the injury or death. As with all laws, this law is not without exceptions. If, for example, the error of the health care provider was part of a ongoing treatment plan, then the "clock" of 30 months will not begin until the treatment has been completed or the patient is informed of the diagnosis.

In some cases the patient may not discover the problem until a long time after for instance, if a foreign body is left in the body following surgery or treatment. In order to deal with this issue, a majority of states have implemented the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will be aware of specific rules of your state, and will carefully look over your case's timeline in order to ensure that there are no administrative mistakes that could impede your claim.