Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims get compensation for their losses. The common law system regulates medical malpractice claims.

In common law, doctors are required to adhere to an ethical standard when treating their patients. If a doctor is found to be in violation of accepted medical practices and results in injury or death then he could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as being reasonable and prudent when providing healthcare. If these standards aren't adhered to and the failure results in harm or health issues patients may have grounds to file a medical malpractice lawsuit.

The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider and that the person or entity was bound to act reasonably. The next step is to prove that the breach occurred. This is usually done through the use of experts who can provide an objective analysis and evaluation of the situation.

The expert witness will be able to determine if the defendant's actions were below the accepted standard of care in your particular situation. The expert will need to review your medical records, and interview or examine you in order to arrive at this conclusion.

You must be able to show that the breach directly led to your injury. This is known as causation, and it is the third component of a negligence claim. In most cases, you'll require a direct cause and effect relationship between the breach of duty and the subsequent injury. For example, a misdiagnosis could lead to the wrong medication or treatment being prescribed and can result in an adverse reaction, like a heart attack.

Breach of Duty

Physicians, like all other people, have a legal obligation to conduct themselves with reasonable care and be cautious. Doctors are held to an even higher standard but because they are medical experts and can make life-or-death decisions. The obligation of care is found in laws and standards governing specific types of treatment and procedures.

One of the first elements that must be proven in a negligence case is that the defendant owed a duty to care to the plaintiff. Then, it must be proven that the defendant violated the duty of care. This means that the doctor did not meet the standard of care in the specific situation. The standard of care is typically determined by what a reasonable individual would do in the same situation. A reasonable driver, for instance, would not run at a traffic light.

In a malpractice case, expert witnesses may be required to testify regarding the standard of care that was breached and the manner in which this standard was breached. They can also describe the reason for the injury and lawsuit what could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to protect themselves against any damages that could result from medical negligence. In order to file an action for damages the plaintiff must demonstrate both actual financial losses (such as winters medical malpractice lawsuit expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of compensation received from a successful malpractice case depends on how your New York medical malpractice lawyer can argue for your losses. Your attorney can establish the medically necessary expenses by examining your medical records, utilizing expert testimony, and collaborating with economic experts. For your loss of earnings your medical malpractice lawyer must also show the number of times you missed work because of your medical conditions and the fact that these days off work were due to the defendant's negligence.

Non-economic damages can be difficult to prove. You may need assistance from an expert witness who can describe your physical, mental, and emotional suffering as an direct result of defendant's negligence. Loss of consortium is another type of non-economic injury. It is the inability to enjoy a romantic, sexual connection with your spouse, or any other significant person like you used to. The defendant's lawyer will challenge your non-economic damages with the help of interrogatories, depositions, and also requests for documents and sworn testimony.

Statute of Limitations

In New York, as with every state, there are specific deadlines - commonly referred to as statutes or limitations within which a medical malpractice lawsuit must be filed, or else it will be dismissed by the courts. An experienced New York medical malpractice lawyer is familiar with these nuances and will ensure your claim is filed by the deadlines established by law.

In the majority of cases, the victim of medical malpractice attorney negligence is required to file a lawsuit within two-and-ahalf years from the time the act or omission committed by a health care provider caused injury or death. As with all laws, this rule has its exceptions. For instance when the error by the health professional was part of an ongoing course of treatment, the 30 month legal "clock" will not begin until that course of treatment is completed or the patient learns of the diagnosis.

In some instances like when an object that is foreign remains within the body following surgery or treatment, it may not be possible for a patient to realize the issue until much later. Because of this, many states have enacted the legal concept known as the discovery rule which permits injured victims to extend deadlines in certain situations. Your lawyer is familiar with the laws of your state and will scrutinize your case's timeline carefully to avoid administrative mistakes that could impede your claim.