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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured patients get compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

In common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor violates accepted medical procedures and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to follow a set of standards accepted by the medical industry as being prudent and reasonable in providing medical treatment. If those standards are not followed and if they cause injury or health complications, a patient may have grounds to file a medical malpractice lawsuit.

The first step in a malpractice case is to prove that you were a client of the healthcare provider and that they had a duty to act in a fair manner. Then, you must show that the breach of that obligation occurred. This is typically done with the use of experts who can provide an objective analysis and evaluation of the situation.

An expert witness can determine if the defendant's actions were less than the accepted standard in your specific case. To enable the expert to determine this, they will need to be able to look over your medical records and conduct an examination or interview with you.

It is also necessary to prove that the breach of duty caused you to suffer injury. Causation is the 3rd element in a malpractice lawsuit. In most cases, you'll need a direct cause and effect relationship between the breach of duties and the resulting injury. A misdiagnosis, for instance, could lead to prescribing the wrong medication or treatment being given. This can result in an adverse reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, have a legal obligation to exercise reasonable care and caution. Doctors are held to a higher standard however, since they are medical experts and can make life-or-death decisions. The duty of care can be found in laws and standards governing specific kinds of treatments and procedures.

In a case of negligence, it is vital to prove that the defendant had an obligation to take care of the plaintiff. Then, it must be proven that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standards of care applicable to the situation. The standard of care is generally determined by what a reasonable individual would do in the situation. A reasonable driver, for example, would not run at a traffic light.

In a malpractice case, expert witnesses are typically required to testify regarding the standard of care and how it was violated. They can also explain how the injury was caused and what could have been done to prevent it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to protect themselves against any loss that may result due to medical negligence. To be able to file a claim the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such suffering and pain).

The amount you receive in a successful lawsuit depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney will be able to establish your medically necessary expenses through a review your medical malpractice law firm records, evidence from experts as well as the assistance of economic experts. In order to prove your loss of earnings your medical malpractice lawyer should also establish the number of days you were absent from work due to your medical malpractice law firm issues and the fact that these days off work resulted from the defendant's negligence.

Non-economic damages can be more difficult to prove and may require the help of a professional who will provide evidence of your physical, emotional, and mental pain as a result of the negligent actions of the defendant. Loss of consortium is a different type of non-economic harm. It is the inability to maintain an intimate relationship with your spouse, or any other significant person as you once did. The defendant's lawyer will challenge your non-economic damages in the form of depositions and interrogatories and requests for documents and sworn testimony.

Statute of limitations

In New York, as with every state, there are specific time frames - also known as statutes of limitations - within which a medical malpractice lawsuit must be filed otherwise it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure your claim is filed prior to the deadlines stipulated by law.

In the majority of instances, the victim of medical malpractice must bring a lawsuit within two and a half years of the date on which the act or omission of a doctor or other health professional resulted in the death or injury. Like all laws, this one is not without exceptions. If, for instance, the error committed by the health professional was part of a continuing course of treatment, the "clock" of 30 months will not begin until the course of treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in certain instances, such as when a foreign object is left within the body following surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. To address this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will know the specific laws in your state and carefully examine your case's timeline to avoid administrative errors that can derail your claim.