Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor does not adhere to accepted medical procedures and causes injury or death, they could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as being reasonable and prudent when providing treatment. Patients may be eligible to file a claim for medical malpractice if these standards aren't being met and the failure results in injuries or health complications.

The first part of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question and that the person or entity was bound to act in a reasonable way. Then, you have to prove that a breach of that obligation occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the case.

The expert witness will help determine whether the defendant's actions were below the standard of care in your particular case. The expert will look over your medical records and also interview or question you in order to make this determination.

You must also prove that the breach directly caused your injury. This is known as causation and it is the third element in a negligence claim. In the majority of cases, you will require an exact cause-and-effect link between the breach of duty and the resulting injury. For instance, a misdiagnosis could result in the wrong treatment or medication being prescribed and could result in an adverse reaction, such as a heart attack.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to exercise care and caution. Doctors are held to an elevated standard due to the fact that they are medical experts and make life-or-death decisions. The obligation of care is outlined in the laws and standards that govern specific types of treatments and procedures.

In a negligence case it is essential to establish that the defendant had the duty of care for the plaintiff. Then, it must be established that the defendant did not fulfill that duty of care. This means that the doctor did not live up to the standard of care in the particular situation. The quality of care is usually determined by what a reasonable person would do in the same situation. A reasonable driver, for instance will not go through an intersection at a stoplight.

In a case of negligence, experts are usually needed to testify on the standard of care and the manner in which it was breached. They can also describe the cause of the injury and what could be done to prevent it from occurring.

Damages

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

The amount of compensation received from a successful lawsuit for malpractice is contingent upon how your New York medical malpractice lawyer makes the case for your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and collaborating with economic experts. For your loss of earnings Your medical malpractice lawyer has to show the number of times you missed work due to medical issues and the fact that these missed work days were due to the defendant's negligence.

Non-economic damages can be difficult to prove. You may require the assistance of an expert witness who can detail your physical, mental and emotional pain that is directly resulting from the defendant's negligence. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship as you did with your spouse or significant other. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through a process of interrogatories, depositions and demands for documents and declarations under swearing.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. If not, the court will dismiss it. A New York medical malpractice attorney who is experienced will be familiar with the nuances of these deadlines, and will ensure that your claim is filed within the deadlines set forth by law.

In most cases, victims of medical malpractice must present a lawsuit within two and a half years from the date that the act or omission of a health care provider caused the 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 statutory "clock" will not start until the course of treatment is complete or the patient is informed of the diagnosis.

In some cases the patient may not discover the problem until a considerable time later, for example, if a foreign body remains within the body after surgery or treatment. In order to deal with this issue, a majority of states have adopted what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer is aware of the rules of your state and will review your case's timeline carefully to avoid administrative mistakes that could cause delays to your claim.