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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors are required to adhere to the standard of care when treating their patients. If a doctor deviates from the accepted medical standard and results in a death or injury, he may be liable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard accepted by the medical industry as reasonable and prudent in providing medical treatment. If the standards aren't followed and the result is injury or health complications the patient could be able to bring a medical malpractice lawsuit.

The first step in a case of malpractice is to establish that you were a patient of the healthcare provider and that they owed you an obligation to act in a reasonable way. You must then prove the breach occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the situation.

This expert witness will be able determine if the defendant's actions are in violation of the standard of care that is accepted in your particular circumstance. The expert will examine your medical records and then interview or testify against you in order to make this decision.

You must be able to demonstrate that the breach directly led to your injury. This is known as causation and it is the third requirement of a negligence claim. In most cases, you will need to have an immediate cause-and-effect connection between the breach of duty and the resulting injury. A misdiagnosis, for example, could lead to the wrong medication being prescribed or treatment being administered. This in turn can result in an adverse reaction such as heart attacks.

Breach of Duty

Like all people, have a legal obligation to conduct themselves with reasonable care and prudence. Doctors are held to higher standards, however, because they are medical experts and have the authority to make life-or-death decisions. The obligation of care can be found in laws and standards for specific types of treatment and procedures.

One of the primary elements that must be established in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant violated this duty of care. This means that the doctor failed to meet the standard of care in the specific circumstance. The standard of care is usually determined by what a reasonable person would do in similar circumstances. A reasonable driver, for instance, would not run a traffic light.

In a case of malpractice, expert witnesses are often needed to testify on the standard of care and the way in which it was violated. They can also provide the reason behind the injury and suggest ways to have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect against potential damages that could result due to medical negligence. To be able to file a claim the plaintiff must demonstrate both financial losses (such medical malpractice law firm expenses and lost wages) and noneconomic losses (such suffering and pain).

The amount you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your lawyer will determine your medically required expenses through a review of your medical records, testimony from experts, and the use of economic experts. Your medical malpractice lawyers malpractice attorney must prove that you lost your earnings by proving the number of days you have missed from work due your medical complications, and the reason for these absences were due to the defendant’s negligence.

Non-economic damages are more difficult to prove. You may need the assistance of an expert witness who can describe your physical, mental, and emotional suffering as a direct result of the defendant's negligence. Other types of non-economic losses include loss of consortium, which is the inability to maintain a loving and sexual relationship like you used to with your spouse or your significant other. The lawyer for the defendant will contest your noneconomic damages by way of interrogatories and depositions and requests for documents and sworn testimony.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. If not, the court will dismiss it. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, a victim of medical malpractice has to present a lawsuit within two and a half years of the date at which the act or omission of a health care provider caused the injury or death. However like with all laws there are some exceptions to this rule. If, for example, the error of the health care provider was part of a continuous course of treatment, the "clock" of 30 months will not start until the course of treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in some cases, such as when a foreign object is found in the body following surgery or treatment, it may not be possible for a patient to realize the issue until much later. To tackle this issue, the majority of states have implemented the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your attorney will be aware specific laws in your state and carefully review your case timeline to avoid administrative errors which could cause delays to your claim.