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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims get compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

According to common law, doctors are expected to follow a certain standard of care when treating patients. If a doctor does not adhere to the accepted medical norms and results in a death or injury the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standard accepted by the medical industry as reasonable and prudent when providing care. Patients may be in a position to file a lawsuit for medical malpractice if the standards aren't followed and the breach causes injuries or health issues.

The first part of a malpractice claim involves establishing 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. You must then prove that the breach occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the case.

This expert witness will be able to determine if the defendant's actions fall below the standard of care that is accepted in your particular case. In order for the expert to arrive at this conclusion, they will need to be able review your medical records and conduct an examination or interview of you.

You should also be able to establish that the breach of duty directly led the injuries. This is known as causation, and it is the third requirement of a negligence claim. In most cases you will need a direct cause and effect relationship between the breach of duties and the subsequent injury. A misdiagnosis, for example can result in prescriptions for the wrong drug or treatment being given. This could cause a negative reaction such as a heart attack.

Breach of Duty

Doctors, just like other people, are required by law to fulfill a obligation to exercise reasonable care and caution. Doctors are held to a 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 found in the laws and standards that govern specific types of treatment and procedures.

One of the primary elements to be established in a negligence case is that the defendant was bound by a duty of care to the plaintiff. Then, it needs to be proved that the defendant breached that duty of care. This means that the doctor failed to meet the standard of care in the particular circumstance. The quality of care is usually determined by what a normal person would do in the same situation. For example, a reasonable driver would not speed through a red light.

In a case of negligence, expert witnesses are often needed to testify about the standard of care and the manner in which it was breached. They can also explain the reason for the accident and what could have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance to protect themselves against any loss that may result from medical negligence. In order to bring a claim for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you are awarded from a successful lawsuit for malpractice is contingent upon the way in which your New York medical malpractice lawyer can argue for your losses. Your lawyer can prove your medically necessary expenses through a review of your medical records, evidence from experts as well as the assistance of economic experts. In order to prove your loss of earnings, your medical malpractice lawyer should also demonstrate the number of days you were absent from work due to medical condition and also the fact that these missed work days resulted from the defendant's negligence.

Non-economic damages can be more difficult to prove, and may require the assistance of a professional who will testify about your physical, emotional and mental suffering as a result of negligence committed by the defendant. Loss in consortium is another type of non-economic damage. This is the inability of having a romantic, sexual connection with your spouse or any other significant person as you used to. The defendant's lawyer will challenge your non-economic damages with the help of depositions and interrogatories and also requests for documents and sworn testimony.

Statute of Limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. Otherwise the court could dismiss the case. A New York medical malpractice attorney who is knowledgeable is well-versed in the nuances of these deadlines and will ensure that your claim is submitted before the deadlines specified by law.

In the majority of cases, a victim of medical malpractice law firms malpractice must make a claim within two and a half years from the date when the act or omission 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. For instance, if the error by the health professional was part of an ongoing course of treatment, the 30-month legally required "clock" will not start until the treatment is complete or the patient becomes aware of the diagnosis.

In some cases patients may not be aware of the issue until a considerable time later, for example when a foreign object remains 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 timeframes. Your attorney will be familiar with the rules of your state and will go over the timeline of your case with care to avoid administrative errors that can derail your claims.