Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help victims receive compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor is not following the accepted medical practices and results in an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as reasonable and prudent when they provide treatment. If those standards are not followed and the result is injury or health complications patients may be able to bring a medical malpractice lawsuit.

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

The expert witness will help determine whether or not the defendant's actions were below the accepted standard of care in your particular situation. In order for the expert to make this decision, they will need to be able review your medical records and conduct an examination or interview of you.

You must be able to show that the breach directly led to your injury. Causation is the 3rd element in a claim for malpractice. In most cases you will require a direct cause and result connection between the breach of duty and the resulting injury. A misdiagnosis for instance may result in the wrong medication being prescribed or treatment being given. This could result in an adverse reaction such as heart attacks.

Breach of Duty

Doctors, just like other people, have a legal duty to act with reasonable care and caution. However doctors are held to an even higher standard since they are considered medical experts who make life and death decisions. The duty of care is outlined in the regulations and standards that govern specific types of treatments and procedures.

One of the first elements that needs to be established in a negligence claim is that the defendant owed a duty to care to the plaintiff. Then, it must be proved that the defendant violated that duty of care. This means that the doctor failed to meet the standard of care in the particular circumstance. The standard of care is usually determined by what a reasonable individual would do under the circumstances. A reasonable driver, for Medical Malpractice Attorney example, would not run at a traffic light.

In a lawsuit involving a malpractice experts may be required to testify regarding the standard of care that was not met and the manner in which this standard was violated. They can also provide what caused the injury and explain how they 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 negligence. In order to file a claim, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney argues for your losses. Your attorney can establish the medically necessary costs by reviewing your medical records, utilizing expert testimony, and consulting economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days you were away from work due your medical issues, and the reason for these absences were due to the defendant’s negligence.

Non-economic damages are more difficult to prove. You may need assistance from a professional witness who can provide details of your physical, mental, and emotional pain that is directly resulting from the defendant's negligence. Other types of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship in the same way you used to with your spouse or your significant other. The lawyer representing the defendant may challenge your noneconomic damages by way of depositions and interrogatories and requests for documents or sworn statements.

Statute of limitations

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

In most cases, victims of medical malpractice has to file his or her lawsuit within two and medical malpractice attorney a half years of the date when the negligence or act of a healthcare professional resulted in the death or injury. However like with all laws, there are a few exceptions to this rule. For instance if the error made by the health care professional was part of a continuous course of treatment, the 30 month legally required "clock" will not begin until that course of treatment is completed or until the patient learns about the diagnosis.

Additionally, in certain situations for instance, when the foreign object remains in the body after surgery or treatment, it may not be possible for a patient's to recognize that there was a problem until much later. In order to solve this issue, the majority of states have embraced the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will be aware specific rules of your state and will carefully examine your case's timeline to avoid any administrative errors that can derail your claim.