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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must adhere to a standard of care in treating their patients. If a doctor does not adhere to accepted medical procedures and results in injury or death, the doctor 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 care. When those standards are not adhered to and the failure results in harm or health issues patients may be able to bring a medical malpractice lawsuit.

The first part of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person was obligated to act reasonably. You then need to prove that the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.

The expert witness will determine if the defendant's actions are in violation of the standard of care that is accepted in your particular case. The expert will review your medical records, and interview or examine you to make this decision.

You must be able to prove that the breach directly led to your injury. This is known as causation, and it is the third element of a negligence claim. In the majority of cases, you'll require a direct cause and result relationship between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could lead to the wrong medication or treatment being administered, which results in an adverse reaction, such as a heart attack.

Breach of Duty

As with all other professionals physicians, doctors are legally bound by an obligation to exercise care and caution. Doctors are held to a higher standard due to the fact that they are medical experts who make life-or-death decisions. The obligation of care is defined in the law and standards that are situated for specific types of procedures and treatments.

In a negligence case it is important to establish that the defendant was bound by the obligation of taking care of the plaintiff. It must be proven that the defendant did not fulfill this duty of care. This means that the doctor did not meet the standards of care in this particular situation. The standard of care is typically determined by what a reasonable individual would do under the circumstances. For example, a prudent driver would not run when there is a red light.

In a malpractice case, expert witnesses are typically required to testify about the standards of care and the manner in which it was breached. They can also discuss how the injury occurred and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential losses that might arise from medical negligence. To file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such suffering and pain).

The amount you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your lawyer can establish the medically necessary expenses by examining your medical records, testimony from experts and the use of economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the number of days you were absent working due to medical issues, and that these missed days resulted from the defendant’s negligence.

The non-economic damages may be more difficult to prove. You may require assistance from an expert witness who can detail your physical, mental, and emotional distress as an direct result of defendant's negligence. Loss in consortium is another type of non-economic harm. It is the inability to have an intimate, sexual relationship with your spouse or other significant individual as you used to. The lawyer representing the defendant will contest the non-economic damages you suffer through interrogatories and depositions as well as requests for documents and evidence under swearing.

Statute of limitations

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

In the majority of cases, victims of medical malpractice has to present a lawsuit within two and a half years of the date on which the act or omission of a healthcare professional resulted in the death or injury. As with all laws, this law is not without exceptions. For instance, if the error made by the health care professional was part of an ongoing course of treatment, the 30 month legal "clock" will not start until that course of treatment is completed or when the patient learns about the diagnosis.

In some instances the patient may not realize the problem until quite a while later for instance the case where a foreign body is left within the body after surgery or treatment. For this reason, most states have enacted a legal concept called the discovery rule that permits injured victims to extend deadlines in certain instances. Your lawyer will be aware of the specific rules of your state, and will carefully review your case timeline to avoid administrative errors that can derail your claim.