Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors must follow a standard of care in treating their patients. If a doctor violates accepted medical practices and results in death or injury, they could be held liable for negligence.

Duty of Care

Medical professionals must follow a set of standards that are accepted by the medical profession as being prudent and reasonable in providing medical healthcare. Patients may be eligible to file a claim for medical malpractice if those standards aren't met and the breach causes injuries or health complications.

The first element in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they owed you a duty to act in a reasonable manner. Then, you must show that a breach of that obligation occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the case.

The expert witness will be able help determine whether or not the defendant's actions fall below the standard of care that is accepted in your particular situation. To allow the expert to determine this they must be able to review your medical records and conduct an examination or interview of you.

You must be able to demonstrate that the breach directly led to your injury. Causation is the third factor in a malpractice lawsuit. In the majority of cases, you will need a direct cause and effect connection between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could result in the wrong medication or treatment being administered, which could result in an adverse reaction, such as heart attacks.

Breach of Duty

Like all people, are required by law to fulfill a obligation to behave with reasonable care and prudence. However doctors are held to a higher standard since they are considered experts in medicine who make life and death decisions. The duty of care is outlined in the laws and standards that govern specific kinds of treatments and procedures.

In a negligence case it is essential to establish that the defendant owed the duty of care for the plaintiff. It must be established that the defendant did not fulfill this obligation of care. This means that the doctor did not meet the standards of care appropriate to the circumstances. The quality of care is usually determined by what an ordinary person would do in similar circumstances. A reasonable driver, for instance would not use an intersection at a stoplight.

In a case of negligence, experts are usually needed to testify about the standards of care and the manner in which it was breached. They can also discuss the cause of the injury and medical malpractice what could have been done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential losses that may arise from medical negligence. To file a lawsuit, the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such suffering and pain).

The amount you are awarded from a successful malpractice suit is contingent upon how your New York medical malpractice lawyer defends your losses. Your attorney will establish medically required costs by looking over your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove your lost earnings by proving the amount of days that you missed from work due to medical problems, and proving that these days resulted from the negligence of the defendant.

Non-economic damages can be more difficult to prove and could require the help of a professional who can provide evidence of your physical, emotional, and mental distress as a result of negligence committed by the defendant. Other types of non-economic losses include loss of consortium, which is the inability to maintain a loving and sexual relationship as you once could with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages with the help of interrogatories and depositions and requests for documents or sworn statements.

Statute of Limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not, the court will dismiss the case. An experienced New York medical malpractice lawyer is knowledgeable about these particulars and will make sure that your claim is filed within the deadlines that are set by law.

In most cases, a victim of medical malpractice lawsuit malpractice has to present a lawsuit within two and a half years from the date when the negligence or act of a healthcare professional caused the injury or death. As with all laws this law is not without exceptions. If, for instance the error made by the health care provider was part of a ongoing treatment plan, then the "clock" of 30 months won't 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 an object that is foreign remains within the body following surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. For this reason, most states have adopted a legal concept called the discovery rule which permits injured victims to extend deadlines in certain circumstances. Your lawyer is well-versed in the laws of your state and will review the timeline of your case carefully to avoid administrative mistakes which could delay your claims.