Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor does not adhere to the accepted medical malpractice law firm practices and results in a death or injury the doctor could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical profession as reasonable and prudent when providing medical care. When those standards are not followed and the result is injuries or health issues the patient could have grounds to file a medical malpractice lawsuit.

The first element of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question, and that the person or entity was bound to act in a reasonable way. You must then prove the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the case.

An expert witness can determine whether the defendant's actions were below the accepted standard in your situation. To allow the expert to determine this, they will need to be able to review your medical records and conduct an examination or interview with you.

You must be able to establish that the breach directly caused your injury. This is known as causation, and it is the third component of a malpractice claim. In the majority of cases, you will need to have an obvious cause-and effect relationship between the breach of duty and subsequent injury. A misdiagnosis for instance can result in prescribing the wrong medication or treatment being administered. This in turn can cause an adverse reaction such as a heart attack.

Breach of Duty

Just like everyone else, doctors have a legal obligation to act with care and prudence. However doctors are held to a higher standard due to the fact that they are considered medical experts and deal with life and death decisions. The duty of care can be found in laws and standards for specific kinds of treatments and procedures.

In a negligence case, it is essential to establish that the defendant had the duty of care for the plaintiff. It must be proved that the defendant breached this obligation of care. This means that the doctor did not meet the standards of care in the particular circumstance. The standard of care is typically determined by what a normal person would do under the same situation. A reasonable driver, for example, would not run at a traffic light.

In a case of malpractice, expert witnesses are typically required to testify on the standard of care and the way in which it was violated. They can also provide the reason behind the accident and what could have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance to protect against potential losses that may arise due to medical negligence. To bring an action for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your lawyer can establish your medically necessary expenses by examining your medical records, evidence from experts, and Medical Malpractice Attorney the use of economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the number of days that you missed from work due your medical problems, and proving that these missed days were the result of the negligence of the defendant.

Non-economic damages can be difficult to prove. You may require assistance from a professional witness who can provide details of your physical, mental and emotional suffering as a direct result of the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or your significant other. The defendant's attorney will challenge the non-economic damages you suffer through a process of interrogatories, depositions and requests for documents and statements under swearing.

Statute of limitations

In New York, as with every state, there are specific time frames - also known as statutes of limitations within which a medical malpractice lawsuit must be filed, or else it will be dismissed by the courts. A New York medical malpractice attorney who is experienced is well-versed in the nuances of these deadlines. They will also ensure that your claim is filed prior to the deadlines set forth by law.

In the majority of cases, the victim of medical negligence is required to make a claim within two-and-a-half years of the date that the act or omission made by a health care provider caused injury or death. However, as with all laws there are a few exceptions to this rule. For instance, if the error of the health care provider was part of a continuous course of treatment, the 30-month statutory "clock" will not start until the course of treatment is complete or the patient learns of the diagnosis.

Additionally, in certain instances like when a foreign object is left in the body following surgery or treatment, it may not be possible for a patient or patient's family to determine that there was a problem until much later. For this reason, most states have adopted the legal concept of discovery rule that allows injured victims to extend deadlines in certain situations. Your lawyer is familiar with the rules of your state and will scrutinize your case's timeline carefully to avoid any administrative errors that can derail your claims.