Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients receive compensation for their losses. The common law system regulates medical malpractice law firms malpractice claims.

In common law, doctors must adhere to a standard of care in treating their patients. If a doctor deviates from the accepted medical norms and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to follow a set of standards that are accepted by the medical profession as reasonable and prudent when they provide care. A patient could be able to file a lawsuit for medical malpractice if the standards aren't followed and the result is injuries or health issues.

The first step in a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity had a legal obligation to act with reasonable care. Then, you need to prove that a breach of that duty occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the situation.

The expert witness will determine if the defendant's actions were below the standard of care that is accepted in your particular case. In order for the expert to determine this they must be able to examine your medical records and conduct an examination or interview of you.

You must also establish that the breach directly caused your injury. Causation is the 3rd element in a malpractice lawsuit. In the majority of cases, you'll require a direct cause and result connection between the breach of duties and the resulting injury. A misdiagnosis for instance can result in prescribing the wrong medicine or treatment being given. This could cause a negative reaction such as heart attacks.

Breach of Duty

Like all doctors medical professionals, doctors are under a legal obligation to exercise diligence and care. However, doctors are held to a higher standard since they are considered medical experts and have to make life and death decisions. The obligation of care is found in the laws and standards that govern specific types of treatments and procedures.

One of the most important elements that must be established in a negligence case is that the defendant owed a duty to care to the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor did not meet the standards of care in the particular circumstance. The standard of care is usually determined by what a normal person would do under similar situations. A reasonable driver, for example would not operate at a traffic light.

In a case of malpractice, expert witnesses may be required to testify regarding the standard of care that was breached and the manner in which this standard was violated. They can also explain the cause of the injury and suggest ways to have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential damages that could result due to medical negligence. In order to bring 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 pain and suffering).

The amount of compensation you receive from a successful lawsuit for malpractice is contingent on the way in which your New York medical malpractice lawyer makes the case for your losses. Your lawyer can establish medically essential costs by examining your medical records, using experts' testimony, and consulting economic experts. In order to prove your loss of earnings, your medical malpractice lawyer must demonstrate the number of days you were off work due to medical conditions and the fact that the absences were due to the defendant's negligence.

Non-economic damages can be harder to prove. You may require the assistance of an expert witness who can detail your physical, mental and emotional distress as an direct result of defendant's negligence. Loss of consortium is another type of non-economic damage. This is the inability to maintain a loving, sexual relationship with your spouse or other significant individual as you once did. The lawyer representing the defendant will contest your non-economic damages by interrogatories, depositions and requests for statements and documents under the oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise the court will not dismiss it. A New York medical malpractice attorney who is knowledgeable will be aware of the specifics of these deadlines, and will ensure that your claim is filed prior to the deadlines stipulated by law.

In the majority of cases, a victim of medical negligence has to be able to file a lawsuit within two and a half years of the date that the act or omission committed by an health professional resulted in injury or death. However, as with all laws there are a few exceptions to this rule. For instance, if the health care provider's error was part of a continuous course of treatment, the 30 month legal "clock" will not begin until the treatment is completed or when the patient learns about the diagnosis.

Additionally, in some cases for instance, when a foreign object is left in the body after surgery or treatment, it might not be possible for a patient's to recognize the issue until much later. This is why many states have enacted a legal concept called the discovery rule, which allows injured victims to extend these deadlines under certain circumstances. Your attorney will be aware specific rules of your state and carefully go over the timeline of your case to ensure that there are no administrative mistakes which could cause delays to your claim.