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 does not follow the accepted medical practices and results in a death or injury the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical malpractice law firm profession as reasonable and prudent in providing treatment. If the standards aren't met and that failure causes injury or health complications the patient may be able to sue for medical malpractice lawsuit.

The first element of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider at issue and Medical Malpractice Law Firm that the entity or person had a legal obligation to act reasonably. The next step is to prove that the breach occurred. This is typically done expert testimony that can provide a objective analysis and evaluation.

This expert witness can help determine if the defendant's actions were below the standard of care in your situation. The expert will examine your medical records and then interview or testify against you in order to arrive at this conclusion.

You must also prove that the breach directly led to your injury. This is known as causation, and it is the third element of a negligence claim. In most cases you will need a direct cause and result connection between the breach of duty and the subsequent injury. A mistake in diagnosis, for instance can result in prescribing the wrong medication or treatment being administered. This could cause an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors physicians, doctors are legally bound by an obligation to exercise diligence and care. However, doctors are held to an even higher standard because they are considered medical experts and deal with life and death decisions. The duty of care is set in the rules and regulations that are situated for specific kinds of treatments and procedures.

One of the most important elements to be established in a negligence case is that the defendant owed a duty of care to the plaintiff. Then, it has to be established that the defendant violated that duty of care. This means that the doctor did not live up to the standard of care applicable to the situation. The standard of care is usually determined by what a reasonable individual would do under the circumstances. For instance the reasonable driver would not run an intersection with a red light.

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

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To file a lawsuit, the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, using expert testimony, and consulting economic experts. For your loss of earnings Your medical malpractice lawyer must show the number of times you were away from work because of your medical issues and the fact that these days off work resulted from the defendant's negligence.

Non-economic damages can be more difficult to prove and could require the assistance of a professional who will testify about your physical, emotional and mental pain as a result of the negligence committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship like you used to with your spouse or significant other. The lawyer representing the defendant will contest your non-economic losses through a process of interrogatories, depositions and requests for documents and statements under the oath.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. If not the court will not dismiss it. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure your claim is filed prior to the deadlines that are set by law.

In the majority of cases, the victim of medical malpractice law firm negligence has to file a lawsuit within two-and-ahalf years from the date the act or omission made by the health professional caused injury or death. Like 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 a continuous course of treatment, the 30 month legal "clock" will not start until the treatment is completed or the patient is informed of the diagnosis.

Additionally, in certain situations for instance, when a foreign object is left in the body after surgery or treatment, it might not be possible for a patient to discover the issue until much later. To tackle this issue, the majority of states have adopted the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will be aware of specific rules in your state and will carefully go over the timeline of your case to ensure that there are no administrative mistakes which could cause delays to your claim.