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

In common law, doctors must adhere to a standard of care in treating their patients. If a doctor deviates from the accepted medical practices and causes an injury or death or even death, he could be held responsible 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 healthcare. If the standards aren't followed and if they cause injury or health complications the patient could be able to sue for medical malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity had a legal obligation to act in a reasonable way. The next step is to prove the breach of the obligation occurred. This is typically done the use of expert testimony which can provide an objective analysis and evaluation.

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

You must also show that the breach directly caused your injury. Causation is the third factor in a malpractice claim. In most cases, you will need to have an immediate cause-and-effect connection between the breach of duty and the resulting injury. A misdiagnosis, for example, could lead to prescriptions for the wrong drug or treatment being given. This can cause an adverse reaction such as heart attacks.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to exercise care and prudence. However, doctors are held to a higher standard since they are considered experts in medicine and deal with life and death decisions. The duty of care is outlined in the regulations and standards that apply to certain types of procedures and treatments.

One of the primary elements that needs to be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. It must be proven that the defendant violated this duty of care. This means that the doctor failed to meet the standards of care in this particular circumstance. The standard of care is usually determined by what a reasonable person would do in the situation. For instance the reasonable driver would not stop at an intersection with a red light.

In a malpractice lawsuit experts may be required to testify regarding the standard of care violated and how this standard was violated. They can also discuss how the injury occurred and what could have been done to avoid it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. In order to submit an action for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your lawyer can establish medically required costs by looking over your medical malpractice law firms records, using expert testimony and consulting economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the number of days you were away from work due to medical complications, and the reason for these absences were the result of the negligence of the defendant.

Non-economic damages are more difficult to prove. You may require the assistance of an expert witness who can detail your mental, physical, and emotional pain as direct result of the defendant's negligence. Other types of non-economic losses include loss of consortium, which is the inability to maintain a loving and sexual relationship as you did with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages with the help of interrogatories, depositions, as well as requests for documents or sworn statements.

Statute of limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not the court will not dismiss it. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure that your claim is filed prior to the deadlines that are set by law.

In most cases, the victim of medical negligence has to bring a suit within two and a half years from the time the act or omission of the health professional resulted in the injury or death. However, as with all laws there are a few exceptions to this rule. For instance if the health care provider's error was part of a continuous course of treatment, the 30 month legally required "clock" will not start until the course of treatment is complete or the patient learns of the diagnosis.

In certain instances the patient may not realize the problem until a long time later, for example, if a foreign body remains within the body after surgery or treatment. To address this issue, the majority of states have embraced what is known as the discovery rule. This allows injured victims in certain situations to extend their deadlines. Your attorney will be well-versed in the laws of your state and will go over the timeline of your case carefully to avoid administrative mistakes that could impede your claim.