Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

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

Duty of Care

Medical professionals must adhere to a set standards accepted by the medical industry as being reasonable and prudent when providing healthcare. If these standards aren't followed and if they cause injury or health complications patients may be able to file a medical malpractice lawsuit.

The first step in a case of malpractice is to establish that you were a client of the healthcare provider and that they were bound to act reasonably. Then, you must show the breach of the obligation occurred. This is usually done through the use of experts who can provide an objective analysis and evaluation of the case.

The expert witness will help determine whether the defendant's actions are below the standard of care in your situation. To allow the expert to make this decision they must be able to examine your medical records and conduct an examination or interview with you.

You must be able to show that the breach directly led to your injury. This is known as causation and it is the third element of a malpractice claim. In most instances, you'll require an exact cause-and-effect link between the breach of duty and subsequent injury. For instance, a misdiagnosis could result in the wrong medication or treatment being administered, which in turn causes an adverse reaction, like heart attacks.

Breach of Duty

Like all doctors physicians, doctors are legally bound by an obligation to act with care and caution. However, doctors are held to an even higher standard because they are considered medical experts and have to make life and death decisions. The responsibility of medical care is described in the law and standards which are applicable to specific kinds of treatments and procedures.

One of the first elements that must be proven in a negligence case is that the defendant was bound by a duty of care to the plaintiff. It must be proved that the defendant breached this duty of care. This means that the doctor did not meet the standards of care in the given circumstance. The quality of care is usually determined by what a reasonable person would do in similar circumstances. For instance, a prudent driver wouldn't run the red light.

In a malpractice case experts may 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 what caused the injury and suggest ways to have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. To file a lawsuit, the plaintiff must show both financial losses (such medical expenses and lost wages), as well as non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney argues for your losses. Your lawyer will determine your medically required expenses through a review of your medical records, the testimony of experts and the assistance of economic experts. In order to prove your loss of earnings, your medical malpractice lawyer has to establish the number of days you missed work because of 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 require assistance from an expert witness who can explain your physical, mental, and emotional pain that is direct result of the defendant's negligence. Loss of consortium is a second type of non-economic harm. It is the inability to have an intimate relationship with your spouse or other significant individual as you once did. The lawyer representing the defendant will contest the non-economic damages you suffer through a process of interrogatories and depositions as well as requests for documents and statements under the oath.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise, the court will dismiss it. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your claim is filed prior to the deadlines stipulated by law.

In most cases, the victim of medical negligence is required to be able to file a lawsuit within two and a half years from the time the act or omission by the health professional caused death or injury. 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 start until the course of treatment is completed or when the patient becomes aware of the diagnosis.

In certain instances, a patient may not discover the problem until a considerable time later, for example the case where a foreign body is left within the body after surgery or treatment. To address this issue, the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your attorney will be aware of specific rules in your state and will review your case timeline to avoid any administrative errors that could impede your claim.