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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients get compensation for their losses. The legal system that regulates medical malpractice lawsuits malpractice cases is based on common law.

In common law, doctors must observe a standard of care in treating their patients. If a physician does not follow accepted medical practice and it results in an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as being reasonable and prudent when providing healthcare. A patient could be legally able to bring a lawsuit for medical malpractice if those standards aren't being met and the breach causes injuries or health problems.

The first element 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 was bound to act with reasonable care. You must then prove that the breach occurred. This is usually done through the use of expert testimony who can provide an objective analysis and assessment of the case.

An expert witness can determine if the defendant's actions were below the standard of care in your situation. To allow the expert to make this determination, they will need to be able to examine your medical records and conduct an examination or interview of you.

You must also establish that the breach directly caused your injury. Causation is the 3rd element in a claim for malpractice. In the majority of cases, you will require a direct cause-and- effect connection between the breach of duties and the resulting injury. For instance, a mistake in diagnosis could lead to the wrong treatment or medication being administered and in turn causes 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 exercise care and caution. However, doctors are held to an even higher standard since they are considered experts in medicine who make life and death decisions. The obligation of care is defined in the regulations and standards that are situated for specific types of procedures and treatments.

One of the first elements that needs to be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. Then, it needs to be proved that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standards of care in the given situation. The quality of care is usually defined by what an average person would do in the same situation. For instance, a reasonable driver would not speed through the red light.

In a case of malpractice, experts are often required to testify on the standard of care and how it was violated. They can also provide a detailed explanation of the reason for the injury and what could be done to prevent it from occurring.

Damages

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

The amount of compensation you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney can establish the medically required costs by looking over your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days you were absent working due to medical conditions, and also the fact that these days were a result of the defendant’s negligence.

Non-economic damages are more difficult to prove. You may require assistance from an expert witness who can describe your mental, physical, and emotional distress as a direct result of the defendant's negligence. Loss of consortium is another type of non-economic harm. This is the inability to maintain a loving, sexual relationship with your spouse or another significant person as you once did. The lawyer representing the defendant may challenge your non-economic damages through the use of depositions and interrogatories along with requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there are definite time frames - also known as statutes or limitations within which a medical malpractice lawsuit must be filed otherwise it will be dismissed by the courts. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed by the deadlines stipulated by law.

In most cases, the victim of medical negligence must file a lawsuit within two-and-ahalf years of the date that the act or omission committed by the health professional caused death or injury. However, as with all laws there are a few exceptions to this rule. For instance if the error made by the health care professional was part of an ongoing course of treatment, the 30 month legally required "clock" will not start until the treatment is complete or the patient learns about the diagnosis.

Additionally, in certain instances, such as when a foreign object is found in the body after surgery or treatment, it may not be possible for a patient or patient's family to determine that there was a problem until much later. For this reason, most states have adopted an idea of law known as the discovery rule that permits injured victims to extend these deadlines under certain circumstances. Your attorney will be aware specific rules of your state and carefully look over your case's timeline in order to ensure that there are no administrative mistakes that can derail your claim.