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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to adhere to a standard of care in treating their patients. If a physician does not follow the accepted medical standard and results in an injury or death it could be liable for negligence.

Duty of Care

Medical professionals are required to follow a set of standards accepted by the medical industry as being prudent and reasonable when providing healthcare. When those standards are not followed and if they cause injuries or health problems the patient could be able to file a medical malpractice lawsuit.

The first part of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider at issue and that the entity or person was bound to act in a reasonable manner. Then, you need to prove that the breach of this obligation occurred. This is usually done by using expert testimony that can provide a objective analysis and evaluation.

An expert witness can determine whether the defendant's actions fell not in line with the accepted standards in your case. The expert will review your medical malpractice law firms records, and interview or examine you in order to make this determination.

You must also establish that the breach directly led to your injury. This is known as causation and it is the third element in a negligence claim. In most cases, you'll require a direct cause & result relationship between the breach of duty and the resulting injury. A misdiagnosis for instance may result in the wrong medication being prescribed or treatment being administered. This in turn can cause a negative reaction such as a heart attack.

Breach of Duty

Like all people, have a legal obligation to conduct themselves with reasonable care and with caution. However doctors are held to an even higher standard due to the fact that they are considered experts in medicine who make life and death decisions. The duty of care is set in the rules and regulations which are applicable to specific kinds of treatments and procedures.

One of the first elements that must be proven in a negligence lawsuit is that the defendant was bound by a duty of care to the plaintiff. It must be established that the defendant breached this duty of care. This means that the doctor failed to meet the standard of care in the particular situation. The quality of care is usually determined by what an ordinary person would do under similar situations. For example, a prudent driver would not speed through when there is a red light.

In a malpractice lawsuit, expert witnesses may be required to testify about the standard of care that was violated and the way in which this standard was violated. They can also explain the cause of the injury and what could be done to stop it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. To file a lawsuit, the plaintiff will need to show both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such suffering and pain).

The amount of money you will receive from a successful malpractice case is contingent on how your New York medical malpractice lawyer makes the case for your losses. Your lawyer can prove your medically necessary expenses by examining your medical records, evidence from experts and the use of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days you were away from work due to medical issues, and the reason for these absences were due to the negligence of the defendant.

Non-economic damages are more difficult to prove. You may need the assistance of a professional witness who can describe your physical, mental and emotional distress as directly resulting from the defendant's negligence. Loss in consortium is another type of non-economic damage. This is the inability of having an intimate, sexual relationship with your spouse or other significant person as you used to. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through a process of 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 dismiss it. A New York medical malpractice attorney who is skilled will be well-versed in the nuances of these deadlines, and will ensure that your claim is submitted before the deadlines stipulated by law.

In most instances, the victim of medical malpractice has to bring a lawsuit within two and a half years from the date when the act or omission of a health care provider caused the injury or death. As with all laws this one is not without exceptions. For instance, if the error of the health professional was part of a continuing course of treatment, then the "clock" of 30 months cannot begin until the treatment is completed or the patient is informed of the diagnosis.

Additionally, in certain situations such as when a foreign object is left in the body after surgery or treatment, it might not be possible for a patient to realize that there was a problem until much later. For this reason, most states have adopted an idea of law known as the discovery rule, which allows injured victims to extend these deadlines in certain circumstances. Your attorney will know the specific laws in your state and will carefully go over the timeline of your case to avoid administrative errors that can derail your claim.