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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients receive compensation for their losses. The common law system governs medical malpractice claims.

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

Duty of Care

Medical professionals are expected to adhere to a set of standards accepted by the medical industry as being prudent and reasonable in providing medical care. A patient may be in a position to file a lawsuit against a medical professional if those standards aren't being met and the result is injury or health complications.

The first element in a malpractice case is to establish that you were a patient of the healthcare provider and that they owed you a duty to act reasonably. Then, you must show that a breach of that duty occurred. This is usually accomplished by using expert testimony that can provide a objective analysis and evaluation.

An expert witness can determine whether the defendant's actions were not in line with the accepted standards in your particular case. To enable the expert to arrive at this conclusion they must be able to review your medical records and conduct an examination or interview with you.

You must also demonstrate that the breach directly led to your injury. Causation is the third element in a malpractice claim. In the majority of instances, you'll require a direct cause-and-effect relationship between the breach of duty and the resulting injury. For instance, a misdiagnosis could result in the wrong treatment or medication being administered and could result in an adverse reaction, such as a heart attack.

Breach of Duty

Just like everyone else physicians, doctors are legally bound by an obligation to act with the utmost care and caution. However, doctors are held to a higher standard due to the fact that 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 which are applicable to specific types of procedures and treatments.

In a case of negligence, it is essential to establish that the defendant owed an obligation to take care of the plaintiff. It must be established that the defendant breached this obligation 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 typical person would do in the same circumstances. For example an honest driver would not run the red light.

In a malpractice lawsuit experts may be needed to testify on the standard of care violated and the way in which this standard was violated. They can also provide the cause of the injury and explain how they could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical malpractice lawsuit negligence. To file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages), as well as non-economic losses (such pain and suffering).

The amount you are awarded from a successful lawsuit for malpractice depends on how your New York medical malpractice lawyer can argue for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and collaborating with economic experts. In order to establish your loss of earnings your medical malpractice lawyer must also establish the number of days you were off work due to your medical complications and the fact that the absences were due to the defendant's negligence.

Non-economic damages can be harder to prove. You may require the assistance of an expert witness who can detail your physical, mental and emotional suffering as direct result of the defendant's negligence. Other types of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship like you used to with your spouse or significant other. The lawyer representing the defendant will challenge your non-economic damages in the form of interrogatories and depositions as well as requests for documents and sworn declarations.

Statute of Limitations

In New York, as with every state, there are certain time limits - commonly known as statutes of limitations - within which a medical negligence lawsuit must be filed, or else it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be well-versed in the nuances of these deadlines. They will also ensure that your claim is submitted before the deadlines stipulated by law.

In most cases, the victim of medical negligence is required to file a lawsuit within two-and-ahalf years from the date the act or omission committed by the health professional caused injury or death. However as with all laws, there are a few exceptions to this rule. If, for instance, the error of the health professional was part of a ongoing course of treatment, the "clock" of 30 months won't start until the treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in some cases like when a foreign object is left inside the body after surgery or treatment, it might not be possible for a patient to discover that there was a problem until much later. This is why many states have enacted a legal concept called the discovery rule which permits injured victims to extend deadlines in certain circumstances. Your attorney will be aware of specific rules in your state and will carefully go over the timeline of your case to avoid administrative errors that can derail your claim.