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Why You Need a Medical Malpractice Lawyer

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

In common law, medical malpractice lawsuit doctors are required to adhere to a standard of care in treating their patients. If a doctor deviates from the accepted medical norms and causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical malpractice compensation profession as reasonable and prudent in providing medical care. If these standards aren't followed and if they cause injuries or health issues the patient could be able to file 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 person or entity had a legal obligation to act with reasonable care. Then, you must show the breach of the obligation occurred. This is usually done the use of expert testimony which can provide a objective analysis and evaluation.

An expert witness can determine whether the defendant's actions are less than the accepted standard in your specific case. The expert will need to review your medical records, and interview or examine you to make this determination.

You should also be able to establish that the breach of duty directly led the injury. This is known as causation, and it is the third element of a malpractice 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 result in the wrong medication or treatment being administered, which can result in an adverse reaction, like a heart attack.

Breach of Duty

Physicians, like all other individuals, have a legal obligation to exercise reasonable care and be cautious. Doctors are held to a higher standard however, since they are medical experts and make life-or-death decisions. The duty of care is found in laws and standards for specific types of treatments and procedures.

One of the primary elements to be established in a negligence case is that the defendant was bound by a duty care to the plaintiff. It must be proved that the defendant breached this duty of care. This means that the doctor did not meet the standard of care in the specific situation. The standard of care is usually defined by what an average person would do in the same situation. A reasonable driver, for example, would not run an intersection at a stoplight.

In a malpractice case expert witnesses could be required to testify regarding the standard of care that was violated and the way in which this standard was violated. They can also provide a detailed explanation of how the injury occurred and what could be done to stop it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect against potential losses that may arise from medical negligence. To be able to file a claim the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) and non-economic losses (such pain and suffering).

The amount of money you will receive from a successful lawsuit for malpractice is contingent on the way in which your New York medical malpractice lawyer makes the case for your losses. Your lawyer can establish medically required costs by looking over your medical records, utilizing expert testimony, and consulting economic experts. For your loss of earnings the medical malpractice lawyer must establish the number of days you were absent from work due to your medical malpractice compensation conditions and the fact that these missed work days were due to the defendant's negligence.

Non-economic damages can be more difficult to prove, and may require the assistance of a professional who can testify about your physical, emotional and mental suffering because of the negligent actions of the defendant. Loss of consortium is a different kind of non-economic loss. It is the inability to have an intimate, sexual relationship with your spouse or another significant individual as you once did. The lawyer representing the defendant will contest your non-economic damages through interrogatories, depositions and requests for statements and documents under oath.

Statute of Limitations

In New York, as with every state, there are specific time limits - commonly known as statutes of limitation within which a medical negligence lawsuit must be filed, or else it will be dismissed by the courts. A New York medical malpractice attorney who is experienced is well-versed in the nuances of these deadlines. They will also ensure that your claim is filed within the deadlines set by law.

In the majority of cases, victims of medical malpractice must present a lawsuit within two and a half years from the date that the negligence or act of a doctor or other health professional resulted in the death or injury. However, as with all laws there are some exceptions to this rule. If, for instance the error committed by the health professional was part of a ongoing treatment plan, then the "clock" of 30 months cannot begin until the treatment has been completed or the patient has been informed of the diagnosis.

In some cases patients may not be aware of the issue until a long time after, for example when a foreign object is left in the body following surgery or treatment. To solve this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will know the specific rules of your state, and will carefully review your case timeline to avoid administrative errors that could impede your claim.