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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients receive compensation for their losses. The common law system governs medical malpractice lawsuits.

Under common law, doctors are required to follow a certain standard of care when treating patients. If a physician violates accepted medical procedures and results in injury or death, then he could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards accepted by the medical industry as being prudent and reasonable when they provide care. Patients may be able to file a lawsuit against a medical professional if those standards aren't adhered to and the breach causes injuries or Medical Malpractice Attorney health problems.

The first element in a case of malpractice is to establish that you were a client of the healthcare provider and that they owed you a duty to act reasonably. Then, you need to prove that a breach of that duty occurred. This is usually accomplished by the use of expert testimony which can provide a objective analysis and evaluation.

An expert witness can determine whether the defendant's actions were less than the accepted standard in your specific case. In order for the expert to make this decision, they will need to be able review your medical records and conduct an examination or interview with you.

You should also be able to prove that the breach of duty caused you to suffer injuries. Causation is the third factor in a claim for malpractice. In most cases, you will need to have an obvious cause-and effect relationship between the breach of duty and the resulting injury. A mistake in diagnosis, for instance may result in prescriptions for the wrong drug or treatment being administered. This can cause a negative reaction such as a heart attack.

Breach of Duty

Just like everyone else medical professionals, doctors are under a legal obligation to exercise care and prudence. Doctors are held to an elevated standard, however, because they are medical experts and have the authority to make life-or-death decisions. The duty of care is set in the law and standards which are applicable to specific types of treatments and procedures.

In a negligence case, it is vital to prove that the defendant was bound by the duty of care for the plaintiff. Then, it has to be proved that the defendant breached that duty of care. This means that the doctor did not meet the standards of care in this particular circumstance. The standard of care is generally determined by what a reasonable individual would do in the same situation. For instance the reasonable driver wouldn't run a red light.

In a malpractice lawsuit experts may be needed to testify on the standard of care that was not met and how the standard was violated. They can also provide the cause of the accident and what could have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. In order to submit a claim for damages, the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of money you will receive from a successful malpractice suit depends on how your New York medical malpractice lawyer presents the case for your losses. Your attorney can establish the medically necessary expenses by examining your medical records, utilizing expert testimony, and consulting economic experts. In order to establish your loss of earnings, your medical malpractice lawyer should also demonstrate the number of days you were away from work due to medical complications and the fact that these missed work days resulted from the defendant's negligence.

Non-economic losses can be more difficult to prove and may require the help of a professional who can give evidence about your physical, emotional, Medical Malpractice Attorney and mental distress because of the negligence committed by the defendant. Loss of consortium is a second type of non-economic harm. This is the inability to enjoy an intimate, sexual relationship with your spouse or any other significant person as you used to. The attorney representing the defendant will challenge your non-economic damages by interrogatories and depositions as well as requests for documents and statements under the oath.

Statute of limitations

In New York, as with every state, there are definite time frames - also known as statutes of limitations - within which a medical malpractice lawsuit must be filed otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is experienced will be familiar with the specifics of these deadlines and will ensure that your claim is filed within the deadlines set forth by law.

In most cases, a victim of medical malpractice must make a claim within two and a half years of the date at which the act or omission of a doctor or other health professional caused the injury or death. As with all laws, this one is not without exceptions. For instance in the event that the error of the health care provider was part of a continuous course of treatment, the 30 month legal "clock" will not start until that course of treatment is complete or the patient learns of the diagnosis.

Additionally, in some cases such as when an object that is foreign remains inside the body after 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 deal with this issue, a majority of states have embraced the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will be well-versed in the laws of your state and will scrutinize the timeline of your case carefully to avoid administrative mistakes that can derail your claims.