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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The legal system that governs medical malpractice lawsuits malpractice cases is built on common law.

Under 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 causes injury or death, they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical malpractice law firm profession as being reasonable and prudent when providing medical care. If the standards aren't met and that failure causes 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 client of the healthcare provider and that they had a duty to act reasonably. You must then prove the breach occurred. This is usually done the use of expert testimony which can provide an objective analysis and evaluation.

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

You must also be able to prove that the breach of duty caused the injury. Causation is a third element in a malpractice lawsuit. In the majority of cases, you will require a direct cause and result relationship between the breach of duty and the resulting injury. A misdiagnosis for instance may result in prescriptions for the wrong drug or treatment being administered. This could cause an adverse reaction such as heart attacks.

Breach of Duty

Like all individuals, have a legal obligation to exercise reasonable care and prudence. However doctors are held to a higher standard since they are medical experts who make life and death decisions. The duty of care is outlined in the rules and regulations that govern specific types of treatments and procedures.

One of the first things to be established in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be proven that the defendant violated the duty of care. This means that the doctor did not perform to the required standard of care in the particular situation. The quality of care is usually determined by what a reasonable individual would do in the situation. A reasonable driver, for instance will not go through at a traffic light.

In a malpractice case, expert witnesses are typically required to testify on the standard of care and how it was violated. They can also discuss what caused the injury and suggest ways to have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. To file a claim for damages, the plaintiff has to prove 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 suit is contingent upon how well your New York medical malpractice attorney defends your losses. Your lawyer can prove your medically necessary expenses through a thorough review of your medical records, the testimony of experts and the assistance of economic experts. In order to establish your loss of earnings the medical malpractice lawyer must prove the number of days you missed work because of your medical issues and the fact that these days off work were due to the defendant's negligence.

Non-economic damages are more difficult to prove. You may need the assistance of a professional witness who can explain your physical, mental, and emotional pain as a direct result of the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or significant other. The lawyer for the defendant will attempt to challenge your non-economic damages through a process of interrogatories, depositions, and requests for documents and evidence under swearing.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled prior to a medical negligence case can be filed. If not the court will decide to dismiss it. A New York medical malpractice attorney who is experienced will be aware of the specifics of these deadlines. They will also ensure that your claim is filed before the deadlines specified by law.

In most cases, a victim of medical malpractice must make a claim within two and a half years of the date on which the negligence or act of a doctor or other health professional resulted in the death or injury. As with all laws, this rule is not without exceptions. For instance when the error made by the health care professional was part of a continuous course of treatment, the 30 month legally required "clock" will not start until the treatment is completed or until the patient learns of the diagnosis.

In some instances for instance, when a foreign object is found in the body following surgery or treatment, it might not be possible for a patient's to recognize the issue until much later. In order to address this issue, the majority of states have adopted the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will know the specific laws of your state and carefully review your case timeline to ensure that there are no administrative mistakes that could impede your claim.