Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The common law system regulates medical malpractice claims.

In the common law, doctors are required to adhere to a certain standard of care when treating patients. If a physician violates accepted medical practice and Medical malpractice attorney results in injury or death the doctor could be held liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as reasonable and prudent in providing healthcare. A patient might be in a position to file a lawsuit for medical malpractice lawsuits malpractice if those standards aren't met and the failure causes injuries or health complications.

The first part of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person owed you a duty to act with reasonable care. Then, you need to prove the breach of the obligation occurred. This is usually done by expert testimony that can provide an objective analysis and evaluation.

This expert witness will be able to determine if the defendant's actions are in violation of the standard of care that is accepted in your particular case. In order for the expert to make this decision they must be able to look over your medical records and conduct an examination or interview of you.

You must also establish that the breach directly caused your injury. This is known as causation and it is the third element in a negligence claim. In most cases you will need a direct cause and result relationship between the breach of duty and the resulting injury. A mistake in diagnosis, for instance may result in prescribing the wrong medication or treatment being given. This can cause a negative reaction such as heart attacks.

Breach of Duty

Like all individuals, have a legal obligation to conduct themselves with reasonable care and prudence. Doctors are held to an even higher standard but because they are medical experts and can make life-or-death decisions. The obligation of care is defined in the rules and regulations that apply to certain types of procedures and treatments.

One of the first elements to be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. Then, it needs to be proven that the defendant breached that duty of care. This means that the doctor did not meet the standard of care in this particular circumstance. The quality of care is usually determined by what a normal person would do in the same situation. For example, a prudent driver would not run when there is a red light.

In a case of malpractice, experts are often required to testify about the standard of care and how it was violated. They can also describe the cause of the injury and what could have been done to prevent it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect themselves against any damages that could result from medical negligence. To submit an action for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney fights for your losses. Your attorney will establish medically essential costs by examining your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days you were absent from work due to medical problems, and proving the fact that these days were a result of the negligence of the defendant.

The non-economic damages may be more difficult to prove. You may require assistance from a professional witness who can detail your physical, mental, and emotional distress as directly resulting from the defendant's negligence. Loss of consortium is another type of non-economic harm. This is the inability to enjoy a romantic, sexual connection with your spouse or other significant person like you once did. The lawyer representing the defendant will challenge your noneconomic damages by way of interrogatories, depositions, along with requests for documents or sworn statements.

Statute of Limitations

In New York, as with every state, there are certain deadlines - commonly referred to as statutes of limitation within which a medical malpractice lawsuit must be filed otherwise it will be dismissed by the courts. A New York medical malpractice attorney who has experience will be aware of the nuances of these deadlines. They will also ensure that your claim is filed within the deadlines stipulated by law.

In the majority of cases, victims of medical malpractice must present a lawsuit within two and a half years of the date at which the act or omission of a health care provider resulted in the death or injury. As with all laws this rule is not without exceptions. For instance, if the error of the health care provider was part of an ongoing course of treatment, the 30 month mandatory "clock" will not start until that course of treatment is completed or until the patient becomes aware of the diagnosis.

Additionally, in certain instances for instance, when the foreign object remains in the body following surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. To solve this issue, the majority of states have implemented what is known as the discovery rule. This allows injured victims in certain situations to extend their deadlines. Your attorney will know the specific laws in your state and will carefully review your case timeline to avoid any administrative errors which could cause delays to your claim.