Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The common law system regulates medical malpractice claims.

According to common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor does not adhere to accepted medical malpractice lawsuit practice and it causes an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as being reasonable and prudent in their care. A patient may be in a position to file a lawsuit 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 establish that you were a client of the healthcare provider and that they were bound to act in a reasonable manner. Then, you have to prove that a breach of that obligation occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the case.

An expert witness can determine whether the defendant's actions fell below the accepted standard in your specific case. The expert will review your medical records, and also interview or question you in order to make this determination.

You must also be able to establish that the breach of duty directly led you to suffer injuries. Causation is the third factor in a malpractice claim. In the majority of cases, you'll require a direct cause and effect connection between the breach of duties and the resulting injury. For instance, a wrong diagnosis could result in the wrong medication or treatment being administered and can result in an adverse reaction like a heart attack.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to act with care and prudence. However, doctors are held to a higher standard due to the fact that they are medical experts who make life and death decisions. The responsibility of medical care is described in the regulations and standards that apply to certain types of treatments and procedures.

One of the primary elements that needs to be established in a negligence lawsuit is that the defendant owed a duty to care to the plaintiff. Then, it must be established that the defendant violated the duty of care. This means that the doctor failed to adhere to the standard of care for the situation. The quality of care is usually determined by what a typical person would do in the same circumstances. A reasonable driver, for instance would not use the traffic light.

In a case of malpractice, experts are often required to testify regarding the standard of care and the way in which it was violated. They can also discuss what caused the injury and suggest ways to have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to cover any losses that might arise due to medical negligence. To file a lawsuit, the plaintiff must prove both financial losses (such medical expenses and lost wages), as well as non-economic losses (such pain and suffering).

The amount you are awarded from a successful malpractice suit depends on the way in which your New York medical malpractice lawyer presents the case for your losses. Your attorney will be able to establish the medically necessary expenses by examining your medical records, the testimony of experts and the use of economic experts. For your loss of earnings the medical malpractice lawyer must also demonstrate the number of days you were off work due to medical complications and the fact that these absences resulted from the defendant's negligence.

Non-economic losses can be more difficult to prove and could require the help of a professional who can be able to testify about your physical, emotional, and mental pain as a result of the infractions committed by the defendant. Loss of consortium is a second type of non-economic injury. This is the inability to enjoy a romantic, sexual connection with your spouse, or any other significant individual as you once did. The lawyer representing the defendant may challenge your non-economic damages with the help of depositions and interrogatories as well as requests for documents and sworn declarations.

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 negligence lawsuit must be filed, or otherwise it could be dismissed by the courts. An experienced New York medical malpractice lawyer is well-versed in these details and will make sure that your claim is filed within the deadlines established by law.

In most cases, the victim of medical negligence is required to be able to file a lawsuit within two and a half years from the date the act or omission by a health care provider resulted in the death or injury. However as with all laws there are some exceptions to this rule. If, for instance the error committed by the health care provider was part of a continuous course of treatment, then the "clock" of 30 months will not start until the treatment is completed or the patient has been informed of the diagnosis.

In some cases, a patient may not realize the problem until a long time later, for example in the event that a foreign substance remains within the body after surgery or treatment. In this regard, a majority of states have enacted an idea of law known as the discovery rule that permits injured victims to extend deadlines in certain instances. Your lawyer will be aware of the rules of your state and will review your case's timeline carefully to avoid mistakes in the administration that could cause delays to your claim.