Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In common law, doctors are required to adhere to a standard of care in treating their patients. If a doctor is not following accepted medical practice and it results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical malpractice legal profession as being reasonable and prudent in providing medical care. Patients may be able to file a lawsuit against a medical professional if those standards aren't being met and the failure results in injury or health complications.

The first element in a case of malpractice is to prove that you were a client of the healthcare provider and that they were bound to act reasonably. The next step is to prove that the breach occurred. This is usually done through the use of expert testimony who can provide an objective analysis and assessment of the situation.

This expert witness will be able determine if the defendant's actions fell below the accepted standard of care in your particular situation. To enable the expert to make this determination they must be able review your medical records and conduct an examination or interview with you.

You should also be able to establish that the breach of duty caused you to experience injury. Causation is the third element in a malpractice lawsuit. In most cases you will require a direct cause and result connection between the breach of duties and the resulting injury. A misdiagnosis for instance one, could result in the wrong medication being prescribed or treatment being administered. This in turn can result in an adverse reaction such as a heart attack.

Breach of Duty

Just like everyone else medical professionals, medical malpractice case doctors are under a legal obligation to exercise care and caution. Doctors are held to an elevated standard due to the fact that they are medical experts and make life-or-death decisions. The duty of care is set in the laws and standards that are situated for specific kinds of treatments and procedures.

One of the most important elements that must be proven in a negligence claim is that the defendant was bound by a duty care to the plaintiff. It must be proved that the defendant breached this duty of care. This means that the doctor failed to meet the standards of care in the specific situation. The standard of care is usually determined by what an ordinary person would do in similar circumstances. A reasonable driver, for example, would not run a traffic light.

In a case of negligence, experts are usually needed to testify regarding the standard of care and the manner in which it was breached. They can also describe the reason for the injury and what could have been done to avoid it from occurring.

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 will need to demonstrate both financial losses (such medical malpractice settlement expenses and lost wages) in addition to noneconomic losses (such suffering and pain).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney can establish the medically essential costs by examining your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days you were away working due to medical malpractice compensation complications, and the reason for these absences were the result of the defendant's negligence.

Non-economic losses can be more difficult to prove, and may require the assistance of a professional who will be able to testify about your physical, medical malpractice case emotional, and mental pain due to the negligence of the defendant. Loss in consortium is another type of non-economic injury. It is the inability to maintain a romantic, sexual connection with your spouse or any other significant person in the same way you once did. The lawyer representing the defendant will contest the non-economic damages you suffer through a process of interrogatories and depositions as well as 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 met before a medical malpractice case can be filed. If not, the court will dismiss the case. A New York medical malpractice attorney who has experience will be well-versed in the specifics of these deadlines, and will ensure that your claim is filed prior to the deadlines set forth by law.

In the majority of cases, a victim of medical malpractice has to present a lawsuit within two and a half years of the date at which the act or omission of a health care provider caused the injury or death. Like all laws, this one is not without exceptions. If, for instance the error of the health professional was part of a continuous course of treatment, the "clock" of 30 months won't start until the treatment is completed or the patient is informed of the diagnosis.

Additionally, in some cases for instance, when a foreign object is left within 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. To tackle this issue, the majority of states have embraced the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will be well-versed in the laws of your state and will go over your case's timeline carefully to avoid mistakes in the administration which could delay your claims.