Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are required to adhere to a certain standard of care when treating patients. If a doctor deviates from the accepted medical norms and results in a death or injury it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are accepted by the medical profession as reasonable and prudent when they provide treatment. A patient may be in a position to file a lawsuit against a medical professional if those standards aren't met and the breach causes injuries or health complications.

The initial step of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider at issue and that the entity or person was obligated to act in a reasonable manner. The next step is to prove that the breach of that duty occurred. This is usually accomplished by an expert witness that can provide a objective analysis and evaluation.

The expert witness will be able determine if the defendant's actions fell below the standard of care that is accepted in your particular case. The expert will need to look over your medical malpractice lawsuit records and interview or examine you in order to determine this.

You must also prove that the breach directly led to your injury. This is known as causation and it is the third element in a malpractice claim. In the majority of cases, you will require an immediate cause-and-effect connection between the breach of duty and the resulting injury. For example, a misdiagnosis could lead to the wrong treatment or medication being administered, which could result in an adverse reaction, such as heart attacks.

Breach of Duty

Physicians, like all other individuals, have a legal obligation to exercise reasonable care and with caution. However doctors are held to a higher standard since they are medical experts and have to make life and death decisions. The duty of care is found in the regulations and laws for specific types of treatment and procedures.

One of the first things that needs to be established in a negligence claim is that the defendant owed a duty to care to the plaintiff. It must be proven that the defendant violated this duty of care. This means that the doctor failed to adhere to the standard of care in the particular situation. The quality of care is usually defined by what an average person would do under the same situation. A reasonable driver, for example, would not run an intersection at a stoplight.

In a malpractice case, expert witnesses may be required to provide evidence on the standard of care that was breached and how this standard was breached. They can also describe the reason behind the accident and what could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical malpractice lawsuit negligence. To make a claim for damages, the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of money you will receive from a successful malpractice case is contingent on how your New York medical malpractice lawyer presents the case for your losses. Your attorney will be able to determine your medically required expenses through a thorough review of your medical records, evidence from experts and the assistance of economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the amount of days you were away from work due to medical problems, and proving that these days resulted from the defendant's negligence.

Non-economic losses are more difficult to prove and may require the help of a professional who can be able to testify about your physical, emotional, and mental suffering because of the negligent actions of the defendant. Other types 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 attorney representing the defendant will challenge your non-economic damages through a process of interrogatories, depositions and requests for documents and evidence under the oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not the court will not dismiss the case. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure that your case is filed within the deadlines stipulated by law.

In the majority of cases, a victim of medical negligence must bring a suit within two and a half years of the date that the act or omission of a health care provider resulted in the death or injury. However as with all laws there are some exceptions to this rule. If, medical malpractice lawyer for instance, the error made by the health professional was part of a ongoing course of treatment, then the "clock" of 30 months will not start until the treatment has been completed or the patient has been informed of the diagnosis.

In some instances such as when the foreign object remains inside the body after surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. In this regard, a majority of states have enacted the legal concept of discovery rule that permits injured victims to extend deadlines in certain circumstances. Your attorney will be aware specific laws in your state and will carefully review your case timeline to avoid administrative errors which could cause delays to your claim.