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Why You Need a Medical Malpractice Lawyer

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

According to common law, doctors are expected to adhere to a specific standard of care when treating patients. If a physician violates accepted medical practices and results in injury or death, the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as being prudent and reasonable in providing medical healthcare. If those standards are not met and that failure causes harm or health issues patients may be able to bring a medical malpractice lawsuit.

The first thing to do in a malpractice case is to establish that you were a patient of the healthcare provider and that they owed you a duty to act in a reasonable way. You must then prove that the breach occurred. This is usually done using expert testimony that can provide an objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions fell less than the accepted standard in your specific case. To allow the expert to make this determination they must be able review your medical records and conduct an examination or interview with you.

You must be able to show that the breach directly caused your injury. This is known as causation, and it is the third requirement of a negligence claim. In most instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could lead to the wrong medication or treatment being prescribed and in turn causes an adverse reaction, like a heart attack.

Breach of Duty

Doctors, just like other people, are required by law to fulfill a obligation to conduct themselves with reasonable care and caution. Doctors are held to an even higher standard due to the fact that they are medical experts and have the authority to make life-or-death decisions. The duty of care is set in the rules and regulations that apply to certain kinds of treatments and procedures.

One of the most important elements that needs to be established in a negligence claim is that the defendant was bound by a duty care to the plaintiff. Then, it needs to be established that the defendant violated that duty of care. This means that the doctor did not meet the standard of care in the specific circumstance. The standard of care is generally determined by what a reasonable person would do in similar circumstances. For example, a reasonable driver would not speed through the red light.

In a lawsuit involving a malpractice experts may be required to testify about the standard of care violated and how this standard was breached. They can also discuss the reason for the injury and what could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect themselves against any damages that could result from medical negligence. To file a lawsuit, the plaintiff will need to show both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such suffering and pain).

The amount you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and consulting economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the number of days you have missed from work because of medical issues, and the fact that these days were the result of the defendant's negligence.

Non-economic losses are more difficult to prove and may require the help of a professional who will provide evidence of your physical, emotional and mental pain due to the negligent actions of the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you did with your spouse or significant other. The lawyer for the defendant will contest your non-economic damages through the use of interrogatories and depositions and requests for documents and sworn declarations.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. If not the court will decide to dismiss it. A New York medical malpractice attorney who has experience will be aware of the specifics of these deadlines, and will ensure that your claim is filed prior to the deadlines stipulated by law.

In most cases, victims of medical malpractice has to make a claim within two and a half years from the date on which the act or omission of a health care provider caused the injury or death. As with all laws this law is not without exceptions. For instance in the event that the error made by the health care professional was part of an ongoing course of treatment, the 30 month legal "clock" will not begin until that course of treatment is completed or the patient learns about the diagnosis.

In some cases patients may not be aware of the issue until quite a while later, for example, if a foreign body is left within the body after surgery or treatment. In order to address this issue, the majority of states have implemented what is known as the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will know the specific rules in your state and carefully examine your case's timeline to avoid any administrative errors that could delay your claim.