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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

Under common law, doctors are expected to follow a certain standard of care when treating patients. If a physician violates accepted medical practice and results in death or injury, then he could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as reasonable and prudent when providing healthcare. A patient could be in a position to file a lawsuit for medical malpractice if the standards aren't adhered to and the result is injuries or health complications.

The first element in a case of malpractice is to establish that you were a patient of the healthcare provider and that they had a duty to act reasonably. You must then prove that the breach occurred. This is usually done by expert testimony that can provide a objective analysis and evaluation.

The expert witness will be able determine if the defendant's actions fell below the accepted standard of care in your particular circumstance. To enable the expert to make this decision they must be able to review your medical records and conduct an examination or interview of you.

You must also establish that the breach directly led to your injury. This is known as causation and it is the third requirement of a malpractice claim. In the majority of cases, you will require a direct cause-and-effect relationship between the breach of duty and the resulting injury. For instance, a mistake in diagnosis could result in the wrong medication or treatment being administered and results in an adverse reaction, such as heart attacks.

Breach of Duty

Just like everyone else medical professionals, doctors are under a legal obligation to act with diligence and care. However, doctors are held to an even higher standard due to the fact that they are considered medical experts and have to make life and death decisions. The duty of care is set in the law and standards that are situated for specific kinds of treatments and procedures.

One of the first elements that must be proven in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. Then, it must be established that the defendant violated that duty of care. This means that the doctor did not meet the standards of care in the particular situation. The standard of care is generally determined by what a reasonable individual would do in the same situation. For example, a prudent driver wouldn't run an intersection with a red light.

In a malpractice case expert witnesses are often needed to testify about the standards of care and the manner in which it was breached. They can also discuss the reason for the injury and suggest ways to have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential losses that might arise from medical negligence. To file a lawsuit, the plaintiff will need to demonstrate 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 depends on how well your New York medical malpractice attorney (Our Webpage) will argue for your losses. Your attorney can establish medically necessary expenses by examining your medical records, utilizing experts' testimony, and consulting economic experts. For the loss of your earnings the medical malpractice lawyer should also prove the number of days you were away from work due to medical complications and the fact that these missed work days were due to the negligence of the defendant.

Non-economic losses are more difficult to prove, and may require the help of a professional who can provide evidence of your physical, emotional and mental distress due to the negligence of the defendant. Loss of consortium is a second type of non-economic harm. It is the inability to maintain an intimate, sexual relationship with your spouse or any other significant person in the same way you once did. The attorney representing the defendant will challenge the non-economic damages you suffer through 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 fulfilled prior to a medical negligence case can be filed. Otherwise, the court will dismiss the case. A New York medical malpractice attorney who is skilled will be familiar with the specifics of these deadlines and ensure that your claim is filed within the deadlines set by law.

In the majority of cases, a victim of medical malpractice must bring a lawsuit within two and a half years from the date that the act or omission of a medical professional resulted in the death or injury. However, as with all laws there are a few exceptions to this rule. For instance when the health care provider's error was part of an ongoing course of treatment, the 30 month statutory "clock" will not start until that course of treatment is complete or the patient learns of the diagnosis.

Additionally, in certain instances, such as when the foreign object remains inside the body after surgery or treatment, it might not be possible for a patient to discover that there was a problem until much later. Because of this, many states have enacted the legal concept known as the discovery rule that permits injured victims to extend these deadlines in certain instances. Your attorney will be aware of specific laws of your state and will carefully go over the timeline of your case to avoid administrative errors which could cause delays to your claim.