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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients get compensation for their losses. The common law system governs medical malpractice claims.

In the common law, doctors are required to adhere to a certain level of care when treating patients. If a doctor does not adhere to accepted medical practice and results in death or injury, then he may be held responsible for negligence.

Duty of Care

Medical professionals are required to follow a set of standards accepted by the medical industry as reasonable and prudent when providing healthcare. If the standards aren't adhered to and the failure results in injuries or health problems patients may be able to sue for medical malpractice lawsuit.

The first element in a case of malpractice is to prove that you were a client of the healthcare provider and that they had a duty to act in a reasonable way. Then, you have to prove the breach of the obligation occurred. This is typically done expert testimony that can provide an objective analysis and evaluation.

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

You must also establish that the breach directly caused your injury. Causation is a third element in a claim for malpractice. In the majority of instances, you'll require an exact cause-and-effect link between the breach of duty and the subsequent injury. A misdiagnosis for instance may result in prescribing the wrong medicine or treatment being given. This can cause an adverse reaction, such as a heart attack.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to act with the utmost care and caution. However, doctors are held to an even higher standard due to the fact that they are considered medical experts who make life and death decisions. The duty of care is found in laws and standards for specific types of treatments and procedures.

In a negligence case, it is vital to prove that the defendant owed an obligation to take care of the plaintiff. Then, it has to be proved that the defendant did not fulfill that duty of care. This means that the doctor did not live up to the standard of care applicable to the situation. The quality of care is usually determined by what a reasonable person would do in the situation. A reasonable driver, for instance will not go through the traffic light.

In a malpractice lawsuit expert witnesses could be needed to testify on the standard of care violated and how this standard was violated. They can also discuss the reason for the injury and what could be done to prevent it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such pain and suffering).

The amount you are awarded from a successful malpractice case is contingent on the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney can establish medically required costs by looking over your medical malpractice lawyers records, utilizing expert testimony, and consulting economic experts. For your loss of earnings your medical malpractice lawyer must establish the number of days you missed work because of your medical conditions and the fact that the absences were the result of the defendant's negligence.

Non-economic losses can be more difficult to prove, and may require the help of a professional who will provide evidence of your physical, emotional, and mental suffering due to the negligent actions of the defendant. Other types of non-economic damages include loss of consortium, which is an inability to maintain a loving and sexual relationship like you used to with your spouse or significant other. The lawyer representing the defendant will challenge your non-economic damages through the use of interrogatories, depositions, and requests for documents and sworn testimony.

Statute of limitations

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

In the majority of cases, the victim of medical negligence has to be able to file a lawsuit within two and a half years from the time the act or omission of a health care provider resulted in death or injury. Like all laws, this law is not without exceptions. For instance if the error of the health care provider was part of an ongoing course of treatment, the 30 month legally required "clock" will not start until that course of treatment is complete or the patient learns about the diagnosis.

Additionally, in certain instances such as when an object that is foreign remains within the body following surgery or treatment, it might not be possible for a patient to realize that there was a problem until much later. To deal with this issue, a majority of states have implemented the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your attorney will be aware specific laws of your state and will look over your case's timeline in order to avoid any administrative errors that could impede your claim.