Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims get compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

Under common law, doctors are required to adhere to a specific standard of care when treating patients. If a doctor is not following the accepted medical standard and causes an injury or medical malpractice law firm death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards accepted by the medical industry as being reasonable and prudent when providing treatment. A patient could be eligible to file a claim against a medical professional if those standards aren't met and the failure results in injuries or health complications.

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

This expert witness will be able to determine if the defendant's actions fall below the standard of care that is accepted in your particular situation. In order for the expert to arrive at this conclusion they must be able review your medical malpractice lawsuits records and conduct an examination or interview with you.

You must also establish that the breach directly led to your injury. This is known as causation and it is the third component of a malpractice claim. In the majority of cases, you will need to have a direct cause-and-effect relationship between the breach of duty and the resulting injury. A misdiagnosis, for instance can result in prescribing the wrong medication or treatment being administered. This in turn can result in an adverse reaction such as heart attacks.

Breach of Duty

Doctors, just like other people, have a legal obligation to behave with reasonable care and caution. However doctors are held to an even more stringent standard because they are considered experts in medicine who make life and death decisions. The obligation of care is outlined in laws and standards for specific types of treatments and procedures.

In a negligence case, it is important to establish that the defendant owed a duty to care for the plaintiff. It must be proven that the defendant did not fulfill this duty of care. This means that the doctor did not meet the standard of care in this particular circumstance. The quality of care is usually determined by what a normal person would do in the same situation. For example the reasonable driver wouldn't run an intersection with a red light.

In a case of malpractice expert witnesses could be required to testify regarding the standard of care that was not met and the manner in which this standard was violated. They can also discuss the reason behind the injury and explain how they could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. To make an action for damages the plaintiff must prove both actual financial losses (such as medical malpractice law firm expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation you receive in a successful lawsuit depends on how well your New York medical malpractice attorney defends your losses. Your attorney will be able to determine your medically required expenses by examining your medical records, the testimony of experts and the assistance of economic experts. In order to prove your loss of earnings your medical malpractice law firms malpractice lawyer must show the number of times you were off work due to medical complications and the fact that these missed work days resulted from the defendant's negligence.

Non-economic damages can be difficult to prove. You may need the assistance of an expert witness who can describe your physical, mental and emotional suffering as direct result of the defendant's negligence. Loss of consortium is a second kind of non-economic loss. This is the inability to have an intimate relationship with your spouse or another significant individual as you once did. The lawyer representing the defendant will contest the non-economic damages you suffer through interrogatories, depositions and requests for documents and statements under swearing.

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. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, a victim of medical negligence is required to make a claim within two-and-a-half years of the date that the act or omission of medical professionals resulted in the injury or death. Like all laws, this one is not without exceptions. If, for instance, the error of the health professional was part of a continuous treatment plan, then the "clock" of 30 months cannot begin until the treatment is completed or the patient is informed of the diagnosis.

In some instances the patient may not recognize the problem until a long time later, for example in the event that a foreign substance is left in the body following surgery or treatment. In this regard, a majority of states have adopted the legal concept of discovery rule that allows injured victims to extend deadlines in certain instances. Your lawyer will be aware of the specific laws in your state and carefully go over the timeline of your case to avoid any administrative errors which could cause delays to your claim.