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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.

In common law, doctors must follow an ethical standard when treating their patients. If a doctor is not following the accepted medical norms and results in a death or injury it could be liable for negligence.

Duty of Care

Medical professionals must adhere to established set of standards that are regarded by the medical malpractice lawsuits profession as reasonable and prudent in providing care. When those standards are not adhered to and the failure results in injuries or health issues, a patient may be able to bring a medical malpractice lawsuit.

The first step 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 fair manner. The next step is to prove that the breach occurred. This is usually done by expert testimony that can provide a objective analysis and evaluation.

An expert witness can determine whether the defendant's actions were below the accepted standard in your particular case. The expert will review your medical records, and then interview or testify against you in order to determine this.

You must also show that the breach directly caused your injury. This is known as causation and it is the third element in a malpractice claim. In the majority of cases, you'll require a direct cause-and- result relationship between the breach of duty and the subsequent injury. For instance, a misdiagnosis could result in the wrong medication or treatment being prescribed and in turn causes an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors medical professionals, doctors are under a legal obligation to exercise care and prudence. However doctors are held to a more stringent standard because they are considered experts in medicine and have to make life and death decisions. The duty of care is set in the rules and regulations that govern specific types of treatments and procedures.

In a case of negligence it is crucial to prove that the defendant was bound by the duty of care for the plaintiff. Then, it needs to be proved that the defendant violated the duty of care. This means that the doctor failed to live up to the standard of care in the particular situation. The quality of care is usually determined by what a normal person would do in similar circumstances. For example, a prudent driver would not run the red light.

In a case of malpractice expert witnesses could be required to provide evidence on the standard of care that was breached and how this standard was breached. They can also describe the reason for the injury and what could be done to prevent it from occurring.

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) in addition to non-economic losses (such pain and suffering).

The amount of compensation you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney defends your losses. Your attorney can establish medically essential costs by examining your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days that you missed working due to medical issues, and that these days were the result of the defendant's negligence.

The non-economic damages may be more difficult to prove. You may need assistance from an expert witness who can provide details of your mental, physical, and emotional distress as an direct result of defendant's negligence. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship in the same way you used to with your spouse or your significant other. The attorney representing the defendant will challenge your non-economic damages through depositions, interrogatories, and requests for documents and statements under oath.

Statute of limitations

Like every state, New York has a statute of limitations that must be met prior to a medical negligence case can be filed. Otherwise the court will not dismiss the case. A New York medical malpractice attorney who is knowledgeable is well-versed in the specifics of these deadlines. They will also ensure that your claim is filed before the deadlines set forth by law.

In the majority of cases, victims of medical malpractice has to present a lawsuit within two and a half years from the date when the negligence or act of a medical professional resulted in the death or injury. As with all laws this rule is not without exceptions. If, for instance the error made 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 cases it is possible that a patient will not realize the problem until quite a while later, for example the case where a foreign body remains within the body after surgery or treatment. In this regard, a majority of states have adopted an idea of law known as the discovery rule which permits injured victims to extend deadlines in certain situations. Your attorney will know the specific laws of your state, and will carefully look over your case's timeline in order to avoid administrative errors which could cause delays to your claim.