Why You Need a Medical Malpractice Lawyer

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

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

Duty of Care

Medical professionals must follow a set of standards accepted by the medical industry as reasonable and prudent when they provide healthcare. When those standards are not adhered to and the failure results in injury or health complications the patient may have grounds to file a medical malpractice lawsuit.

The first thing to do in a case of malpractice is to prove that you were a patient of the healthcare provider and that they were bound to act in a reasonable manner. You then need to prove that the breach 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 determine if the defendant's actions fell below the standard of care that is accepted in your particular circumstance. The expert will need to look over your medical records and interview or examine you in order to arrive at this conclusion.

You must also prove that the breach directly caused your injury. This is known as causation and it is the third component of a negligence claim. In the majority of cases, you'll require a direct cause & effect relationship between the breach of duty and the resulting injury. For example, a misdiagnosis could result in the wrong treatment or medication being prescribed and could result in an adverse reaction, like heart attacks.

Breach of Duty

As with all people, are legally bound by a duty to act with reasonable care and with caution. However, doctors are held to an even higher standard due to the fact that they are considered experts in medicine and deal with life and death decisions. The duty of care is outlined in the rules and regulations that apply to certain types of procedures and treatments.

In a case of negligence it is important to establish that the defendant was bound by an obligation to take care of the plaintiff. It must be established that the defendant violated that duty of care. This means that the doctor did not meet the standards of care in the particular situation. The quality of care is usually determined by what a reasonable person would do in similar circumstances. A reasonable driver, for instance would not use the 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 describe the cause of the accident and what could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential losses that might arise from medical negligence. In order to file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such suffering and pain).

The amount of compensation you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney defends your losses. Your attorney can establish the medically necessary expenses by examining your medical malpractice attorneys records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days that you missed from work due to medical complications, and the reason for these absences were a result of the defendant’s negligence.

Non-economic damages are more difficult to prove. You may need assistance from a professional witness who can explain your physical, mental and emotional distress as directly resulting from the defendant's negligence. Loss of consortium is another type of non-economic harm. This is the inability to have an intimate, sexual relationship with your spouse, or any other significant person as you used to. The defendant's lawyer will challenge your noneconomic damages by way of interrogatories and depositions along with requests for documents and Medical Malpractice Attorney sworn declarations.

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 will not dismiss it. A New York medical malpractice attorney who has experience will be well-versed in the nuances of these deadlines, and will ensure that your claim is filed prior to the deadlines set by law.

In the majority of cases, a victim of medical malpractice has to file his or her lawsuit within two and a half years of the date on which the negligence or act of a medical professional caused the injury or death. However, as with all laws there are some exceptions to this rule. For instance, if the health care provider's error was part of an ongoing course of treatment, the 30-month statutory "clock" will not start until the course of treatment is completed or until the patient learns about the diagnosis.

Additionally, in certain situations, such as when the foreign object remains in the body following surgery or treatment, it might not be possible for a patient to realize that there was a problem until much later. For this reason, most states have adopted an idea of law known as the discovery rule which permits injured victims to extend deadlines in certain situations. Your attorney will know the specific rules in your state, and will carefully go over the timeline of your case to avoid any administrative errors that could delay your claim.