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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims get compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

Under common law, doctors are required to adhere to a certain level of care when treating patients. If a physician does not follow the accepted medical norms and causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals are expected to follow a set of standards that are accepted by the medical profession as being reasonable and prudent when providing treatment. If the standards aren't followed and the result is injury or health complications the patient could be able to bring a medical malpractice lawsuit.

The first element of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider at issue and that the entity or person was bound to act with reasonable care. You must then prove the breach occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the case.

This expert witness will determine if the defendant's actions were below the standard of care that is accepted in your particular 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 of you.

You must also be able to prove that the breach of duty caused you to experience injuries. Causation is a third element in a malpractice claim. In most instances, you'll need to have an immediate cause-and-effect connection between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could lead to the wrong medication or treatment being administered, which could result in an adverse reaction like heart attacks.

Breach of Duty

As with all other professionals, doctors have a legal obligation to exercise care and caution. However doctors are held to a higher standard due to the fact that they are considered medical experts and are able to make life and death decisions. The duty of care is outlined in the regulations and laws 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 to care to the plaintiff. Then, it needs to be proved that the defendant breached that duty of care. This means that the doctor did not meet the standard of care in the specific circumstance. The standard of care is usually determined by what a reasonable individual would do under the circumstances. For example, a reasonable driver would not stop at when there is a red light.

In a malpractice case experts may be required to provide evidence on the standard of care violated and the way in which this standard was violated. They can also discuss the cause of the accident and what could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to protect themselves against any losses that might arise due to medical negligence. In order to file a claim, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such pain and suffering).

The amount you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your attorney can establish medically necessary expenses by examining your medical records, utilizing expert testimony, and collaborating with economic experts. In order to establish your loss of earnings the medical malpractice lawyer has to show the number of times you were off work because of your medical condition and also the fact that these absences were the result of the defendant's negligence.

The non-economic loss can be more difficult to prove, and may require the help of a professional who can give evidence about your physical, emotional and mental distress due to the negligence committed by the defendant. Loss of consortium is another type of non-economic injury. It is the inability to enjoy an intimate, sexual relationship with your spouse or any other significant person as you used to. The lawyer representing the defendant will contest the non-economic damages you suffer through interrogatories, depositions and requests for statements and documents under the oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court will not dismiss it. A New York medical malpractice attorney who has experience will be well-versed in the nuances of these deadlines and ensure that your claim is filed before the deadlines set by law.

In the majority of cases, a victim of medical malpractice must file his or her lawsuit within two and a half years of the date at which the negligence or act of a health care provider resulted in the death or injury. Like all laws, this law is not without exceptions. If, for example, the error committed by the health care provider was part of a continuous treatment plan, then the "clock" of 30 months won't start until the treatment is completed or the patient is informed of the diagnosis.

In some instances like when the foreign object remains within the body following surgery or treatment, it may not be possible for a patient's to recognize that there was a problem until much later. This is why many states have adopted a legal concept called the discovery rule that allows injured victims to extend these deadlines under certain circumstances. Your lawyer will be aware of the specific laws in your state, and will carefully examine your case's timeline to ensure that there are no administrative mistakes that can derail your claim.