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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must adhere to an ethical standard when treating their patients. If a physician violates accepted medical practices and causes injury or death, the doctor may be held responsible for Medical Malpractice negligence.

Duty of Care

Medical professionals are required to adhere to a set standards that are accepted by the medical profession as being prudent and reasonable when providing healthcare. When those standards are not met and that failure causes injuries or health issues the patient may be able to bring a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the entity or person owed you a duty to act reasonably. Then, you need to prove that a breach of that duty occurred. This is usually done by an expert witness that can provide an objective analysis and evaluation.

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

You must be able to prove that the breach directly led to your injury. This is known as causation, and it is the third element of a negligence claim. In most cases you will require a direct cause-and- effect relationship between the breach of duties and the resulting injury. A misdiagnosis for instance may result in prescriptions for the wrong drug or treatment being administered. This in turn can cause a negative reaction such as heart attacks.

Breach of Duty

Like everyone else who are legally obligated to act, doctors also have an obligation to act with the utmost care and caution. Doctors are held to a higher standard however, since they are medical experts and have the authority to make life-or-death decisions. The obligation of care is outlined in laws and standards governing specific kinds of treatments and procedures.

One of the first elements that needs to be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. Then, it has to be proven that the defendant violated that duty of care. This means that the doctor did not meet the standards of care in this particular circumstance. The standard of care is usually determined by what a reasonable person would do in similar circumstances. For instance an honest driver would not speed through a red light.

In a case of malpractice, experts are often required to testify on the standard of care and the way in which it was violated. They can also explain the cause of the injury and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance to protect against potential losses that may arise from medical negligence. In order to submit a claim for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation received from a successful lawsuit for malpractice is contingent on the way in which your New York medical malpractice lawyer presents the case for your losses. Your attorney will be able to establish your medically necessary expenses through a thorough review of your medical records, testimony from experts and the use of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the number of days that you missed working due to medical malpractice attorneys problems, and proving the reason for these absences were due to the defendant’s negligence.

The non-economic damages may be more difficult to prove. You may require the assistance of an expert witness who can provide details of your physical, mental, and emotional distress as direct result of the defendant's negligence. Loss of consortium is a second type of non-economic damage. This is the inability to enjoy a loving, sexual relationship with your spouse or other significant person like you used to. The lawyer representing the defendant will contest your non-economic damages through a process of interrogatories, depositions and requests for statements and documents under the oath.

Statute of Limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court could dismiss the case. A seasoned New York medical malpractice lawyer is well-versed in these details and will ensure your claim is filed prior to the deadlines set by law.

In most cases, victims of medical malpractice must bring a lawsuit within two and a half years from the date at which the negligence or act of a health care provider caused the injury or death. However like all laws there are a few exceptions to this rule. If, Medical malpractice for instance the error made by the health professional was part of a continuing treatment plan, then 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 situations for instance, when a foreign object is left in the body following surgery or treatment, it may not be possible for a patient to realize that there was a problem until much later. Because of this, many states have adopted a legal concept called the discovery rule which permits injured victims to extend these deadlines in certain instances. Your lawyer will be aware of the specific rules of your state, and will carefully examine your case's timeline to ensure that there are no administrative mistakes that could delay your claim.