Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are required to adhere to a specific standard of care when treating patients. If a physician violates accepted medical practices and results in death or injury, the doctor could be held liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as being reasonable and prudent in providing healthcare. When those standards are not met and that failure causes injuries or health problems patients may be able to file a medical malpractice lawsuit.

The first element of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider in question and that the person or entity had a legal obligation to act reasonably. The next step is to prove that the breach of that obligation occurred. This is typically done with the use of experts who can provide an objective analysis and evaluation of the situation.

The expert witness will help determine if the defendant's actions were below the accepted standard in your situation. To allow the expert to determine this they must be able to look over your medical records and conduct an examination or interview with you.

You also need to prove that the breach of duty directly caused the injury. This is known as causation, and it is the third component of a negligence claim. In most instances, you'll need to have an immediate cause-and-effect connection between the breach of duty and subsequent injury. A misdiagnosis, for example one, could result in prescribing the wrong medicine or treatment being administered. This can result in an adverse reaction such as a heart attack.

Breach of Duty

Doctors, just like other people, are required by law to fulfill a duty to act with reasonable care and caution. 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 defined in the law and standards that govern specific kinds of treatments and procedures.

One of the most important elements that needs to be established in a negligence claim is that the defendant owed a duty to care to the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor did not live up to the standard of care applicable to the situation. The standard of care is usually determined by what a reasonable individual would do in the same situation. For instance, a prudent driver would not stop at when there is a red light.

In a case of malpractice, expert witnesses are typically required to testify regarding the standard of care and how it was violated. They can also provide what caused the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect themselves against any losses that might arise due to medical negligence. 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 received from a successful malpractice case depends on how your New York medical malpractice lawyer defends your losses. Your attorney can establish the medically necessary expenses through a thorough review of your medical records, the testimony of experts as well as the assistance of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the number of days that you missed from work due to medical issues, and the reason for these absences were a result of the negligence of the defendant.

Non-economic losses are more difficult to prove and may require the help of a professional who can give evidence about your physical, emotional and mental distress as a result of infractions committed by the defendant. Loss of consortium is a different type of non-economic damage. This is the inability to maintain a romantic, sexual connection with your spouse or other significant person like you used to. The lawyer representing the defendant will contest your non-economic damages by interrogatories, depositions and requests for statements and documents under oath.

Statute of limitations

In New York, as with every state, there are specific deadlines - commonly referred to as statutes of limitations within which a medical malpractice lawsuit must be filed or else it will be dismissed by the courts. A New York medical malpractice attorney who is skilled will be familiar with the specifics of these deadlines. They will also ensure that your claim is filed prior to the deadlines specified by law.

In most cases, the 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 the health professional caused death or injury. As with all laws, this rule is not without exceptions. For instance if the error made by the health care professional was part of a continuous course of treatment, the 30-month mandatory "clock" will not start until the treatment is completed or when the patient learns about the diagnosis.

Additionally, in some cases for instance, when the foreign object remains inside the body after surgery or treatment, it might not be possible for a patient to discover the issue until much later. In order to deal with this issue, a majority of states have adopted what is known as the discovery rule. This allows injured victims in certain situations to extend their deadlines. Your attorney will know the specific rules of your state and carefully review your case timeline to avoid administrative errors which could cause delays to your claim.