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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps victims receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

Under common law, doctors are expected to adhere to a specific standard of care when treating patients. If a physician does not follow the accepted medical malpractice law firms standard and causes an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standard that are accepted by the medical profession as being reasonable and prudent when providing treatment. Patients may be eligible to file a claim for medical malpractice if those standards aren't followed and the breach causes injury or health complications.

The first element of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider at issue and that the entity or person was obligated to act in a reasonable manner. Then, you have to prove the breach of the duty occurred. This is typically done with the use of expert testimony who can provide an objective analysis and evaluation of the situation.

An expert witness can determine whether the defendant's actions fell less than the accepted standard in your situation. In order for the expert to arrive at this conclusion they must be able to examine your medical records and conduct an examination or interview with you.

You should also be able to establish that the breach of duty directly led the injury. Causation is the third factor in a malpractice lawsuit. In most instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could result in the wrong treatment or medication being prescribed and can result in an adverse reaction such as a heart attack.

Breach of Duty

As with all other professionals 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 because they are considered medical experts 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.

In a negligence case, it is important to establish that the defendant had an obligation to take care of the plaintiff. Then, it has to be established that the defendant violated that duty of care. This means that the doctor did not meet the standard of care in this particular circumstance. The standard of care is usually determined by what a typical person would do under the same situation. A reasonable driver, for instance would not use a traffic light.

In a malpractice lawsuit experts could be required to testify about the standard of care that was breached and how the standard was violated. They can also provide the reason behind the injury and suggest ways to have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential loss that may result from medical negligence. In order to file an action for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney defends your losses. Your attorney can establish the medically necessary expenses through a review of 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 issues, and the fact that these days were the result of the defendant's negligence.

Non-economic damages can be difficult to prove. You may require the assistance of a professional witness who can provide details of your physical, mental, and emotional suffering as an direct result of defendant's negligence. Other types of non-economic losses include loss of consortium, which is the inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or your significant other. The defendant's attorney will challenge the non-economic damages you suffer through a process of depositions, interrogatories, and requests for documents and statements under the oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. Otherwise the court will not dismiss it. A New York medical malpractice attorney who is experienced will be aware of the nuances of these deadlines and will ensure that your claim is submitted before the deadlines specified by law.

In the majority of cases, victims of medical malpractice has to bring a lawsuit within two and a half years from the date at which the act or omission of a medical professional resulted in the death or injury. Like all laws, this rule has its exceptions. If, for instance the error of the health professional was part of a continuing course of treatment, the "clock" of 30 months cannot begin until the treatment has been completed or the patient is informed of the diagnosis.

In some instances, a patient may not realize the problem until a long time after, for example the case where a foreign body remains in the body following surgery or treatment. In this regard, a majority of states have enacted the legal concept known as the discovery rule that allows injured victims to extend deadlines under certain circumstances. Your attorney will know the specific laws of your state and will carefully go over the timeline of your case to avoid any administrative errors that could delay your claim.