Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The common law system governs medical malpractice lawsuits.

In common law, doctors are required to adhere to the highest standards of care when treating their patients. If a physician violates accepted medical practices and results in death or injury, then he may be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards that are accepted by the medical profession as being prudent and reasonable when they provide treatment. A patient may be in a position to file a lawsuit for medical malpractice if the standards aren't adhered to and the breach causes injuries or health complications.

The initial step of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the person or entity was obligated to act in a reasonable manner. Then, you must show that a breach of that duty occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

The expert witness will be able to help determine whether or not the defendant's actions fell below the accepted standard of care in your particular case. The expert will need to examine your medical records and also interview or question you in order to make this decision.

You must be able to demonstrate that the breach directly caused your injury. Causation is a third element in a malpractice lawsuit. In the majority of cases, you will need to have an exact cause-and-effect link between the breach of duty and subsequent injury. For instance, a mistake in diagnosis could result in the wrong treatment or medication being administered and that could result in an adverse reaction like a heart attack.

Breach of Duty

As with all other professionals physicians, doctors are legally bound by an obligation to act with diligence and care. Doctors are held to an elevated standard, however, because they are medical experts and make life-or-death decisions. The duty of care is found in the laws and standards that govern specific kinds of treatments and procedures.

One of the first things that must be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant violated this duty of care. This means that the doctor failed to meet the standards of care in the particular situation. The standard of care is typically determined by what a normal person would do in similar situations. A reasonable driver, for example would not operate the traffic light.

In a malpractice case expert witnesses are typically required to testify regarding the standard of care and the manner in which it was breached. They can also provide the reason for the injury and explain how they could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. In order to file a claim, the plaintiff must demonstrate both financial losses (such Medical malpractice law Firms expenses and lost wages), as well as non-economic losses (such suffering and pain).

The amount you are awarded from a successful lawsuit for Medical malpractice law firms malpractice depends on the way in which your New York medical malpractice lawyer makes the case for your losses. Your attorney can establish the medically necessary expenses by examining your medical malpractice law firm records, utilizing experts' testimony, and consulting economic experts. For the loss of your earnings the medical malpractice lawyer should also prove the number of days you missed work due to your medical issues 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, medical malpractice law firms emotional, and mental pain due to the negligence committed by the defendant. Loss of consortium is another type of non-economic damage. This is the inability to enjoy a romantic, sexual connection with your spouse or another significant person as you once did. The defendant's lawyer will challenge your noneconomic damages by way of interrogatories, depositions, as well as requests for documents and sworn testimony.

Statute of Limitations

In New York, as with every state, there are specific time limits - commonly known as statutes of limitations within which a medical malpractice lawsuit must be filed otherwise it will be rejected by the courts. An experienced New York medical malpractice lawyer is well-versed in these details and will make sure that your claim is filed by the deadlines established by law.

In the majority of cases, a victim of medical negligence is required to be able to file a lawsuit within two and a half years of the date that the act or omission of an health professional resulted in death or injury. However like with all laws there are a few exceptions to this rule. If, for example, the error of the health care provider was part of a continuous treatment plan, then the "clock" of 30 months will not begin until the treatment has been completed or the patient is informed of the diagnosis.

In some instances, such as when an object that is foreign remains in the body after surgery or treatment, it may not be possible for a patient's to recognize the issue until much later. To tackle this issue, the majority of states have embraced the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will know the specific rules of your state, and will carefully examine your case's timeline to avoid administrative errors that could impede your claim.