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Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor is found to be in violation of accepted medical procedures and results in death or injury, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as reasonable and prudent in their care. A patient might be in a position to file a lawsuit against a medical professional if those standards aren't adhered to and the failure causes injuries or health problems.

The first step in a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the entity or person owed you a duty to act in a reasonable manner. The next step is to prove that the breach occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the case.

The expert witness will help determine if the defendant's actions were below the standard of care in your particular case. To allow the expert to make this decision they must be able to examine your medical records and conduct an examination or interview with you.

You must also show that the breach directly caused your injury. Causation is the third factor in a malpractice claim. In most cases, you'll need a direct cause and result connection between the breach of duty and the resulting injury. A mistake in diagnosis, for instance one, could result in prescriptions for the wrong drug or treatment being administered. This can cause an adverse reaction, such as heart attacks.

Breach of Duty

Like everyone else, doctors have a legal obligation to exercise 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 laws and standards which are applicable to specific kinds of treatments and procedures.

In a case of negligence it is essential to establish that the defendant was bound by the duty of care for the plaintiff. Then, it must be proven that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standards of care in the specific situation. The standard of care is generally determined by what a reasonable person would do in the situation. A reasonable driver, for instance would not use a traffic light.

In a malpractice case experts could be required to testify about the standard of care violated and how the standard was breached. They can also provide a detailed explanation of the cause of the injury and what could have been done to avoid it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. In order to make an action for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your attorney can establish the medically required costs by looking over your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days you have missed from work due to medical complications, and the reason for these absences were due to the negligence of the defendant.

Non-economic damages can be more difficult to prove and might require the assistance of a professional who will testify about your physical, emotional, and mental pain due to the negligence committed by the defendant. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or your significant other. The lawyer representing the defendant will challenge your non-economic damages with the help of depositions and interrogatories along with requests for documents and sworn declarations.

Statute of limitations

In New York, as with every state, there are definite time limits - commonly known as statutes of limitations - within which a medical malpractice lawsuit must be filed, or otherwise it will be dismissed by the courts. An experienced New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed before the deadlines established by law.

In the majority of cases, the victim of medical negligence is required 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. Like all laws, this rule is not without exceptions. If, for instance the error made by the health professional was part of a continuing course of treatment, then the "clock" of 30 months will not begin until the treatment is completed or the patient is informed of the diagnosis.

In some instances it is possible that a patient will not realize the problem until quite a while later for medical malpractice lawyer instance, if a foreign body is left in the body following surgery or treatment. To solve this issue, the majority of states have implemented the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will be aware specific rules of your state, and will carefully review your case timeline to avoid administrative errors that can derail your claim.