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Why You Need a Medical Malpractice Lawyer

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

According to common law, doctors are required to adhere to a specific standard of care when treating patients. If a physician violates accepted medical practices and results in injury or death, they may be held responsible for negligence.

Duty of Care

medical malpractice law firm professionals are expected to adhere to a set standard accepted by the medical industry as reasonable and prudent when they provide treatment. If those standards are not followed and if they cause injuries or health problems the patient may be able to sue for medical malpractice lawsuit.

The first step in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they owed you an obligation to act in a reasonable manner. The next step is to prove that the breach of this obligation occurred. This is usually done through the use of expert testimony who can provide an objective analysis and assessment of the situation.

This expert witness can help determine whether the defendant's actions fell less than the accepted standard in your specific case. To enable the expert to make this decision they must be able review your medical records and conduct an examination or interview of you.

You also need to prove that the breach of duty directly led you to suffer injury. This is known as causation and it is the third element in a negligence claim. In the majority of cases, you'll require a direct cause-and- result connection between the breach of duties and the resulting injury. For example, a misdiagnosis could lead to the wrong treatment or medication being administered and that could result in an adverse reaction, such as a heart attack.

Breach of Duty

Doctors, just like other people, have a legal obligation to exercise reasonable care and be cautious. Doctors are held to an even higher standard however, since they are medical experts who make life-or-death decisions. The duty of care can be found in laws and standards governing certain types of treatments and procedures.

In a case of negligence, it is vital to prove that the defendant owed the duty of care for the plaintiff. It must be proven that the defendant did not fulfill that duty of care. This means that the doctor did not perform to the required standard of care appropriate to the circumstances. The standard of care is typically determined by what a reasonable individual would do under the circumstances. A reasonable driver, for instance will not go through an intersection at a stoplight.

In a case of negligence, experts are usually needed to testify about the standards of care and the way in which it was violated. They can also explain how the injury was caused and what could be done to prevent it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential losses that might arise from medical negligence. In order to file a claim 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 in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney fights for your losses. Your lawyer can establish medically necessary expenses by examining your medical records, using experts' testimony, and consulting economic experts. In order to establish your loss of earnings the medical malpractice lawyer must also show the number of times you missed work due to your medical conditions and the fact that these missed work days were the result of the defendant's negligence.

Non-economic damages can be harder to prove. You may need the assistance of an expert witness who can describe your physical, mental and emotional distress as an direct result of defendant's negligence. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you once could with your spouse or your significant other. The attorney representing the defendant will challenge the non-economic damages you suffer through a process of interrogatories, depositions and requests for documents and statements under oath.

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 could dismiss it. A seasoned New York medical malpractice lawyer is well-versed in these details and will ensure that your case is filed prior to the deadlines set by law.

In most cases, victims of medical malpractice has to make a claim within two and a half years of the date that the act or omission of a medical professional caused the injury or death. As with all laws, this rule is not without exceptions. For instance, if the health care provider's error was part of an ongoing course of treatment, the 30-month legally required "clock" will not begin until that course of treatment is completed or the patient learns of the diagnosis.

In some cases patients may not realize the problem until a considerable time later, for example in the event that a foreign substance remains in the body following surgery or treatment. Because of this, many states have adopted an idea of law known as the discovery rule that allows injured victims to extend these deadlines in certain circumstances. Your lawyer will be aware of the specific rules in your state, and will carefully review your case timeline to avoid any administrative errors that could impede your claim.