Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In the common law, doctors must follow the highest standards of care when treating their patients. If a physician violates accepted medical procedures and results in death or injury, then he could be held accountable for negligence.

Duty of Care

Medical professionals are expected to follow a set of standards that are accepted by the medical malpractice lawsuit profession as being reasonable and prudent in providing medical treatment. Patients may be able to file a lawsuit for medical malpractice if the standards aren't being met and the failure causes injuries or health issues.

The first step in a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question, and that the person or entity owed you a duty to act in a reasonable manner. The next step is to prove that the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.

The expert witness will be able help determine whether or not the defendant's actions are in violation of the standard of care that is accepted in your particular situation. In order for the expert to make this decision they must be able review your medical records and conduct an examination or interview with you.

You must also demonstrate that the breach directly caused your injury. This is known as causation, and it is the third element in a malpractice claim. In most cases, you'll need a direct cause and effect relationship between the breach of duties and the subsequent injury. For example, a misdiagnosis could result in the wrong medication or treatment being administered, which results in an adverse reaction, like heart attacks.

Breach of Duty

Like everyone else physicians, doctors are legally bound by an obligation to act with the utmost care and caution. Doctors are held to an even higher standard due to the fact that they are medical experts and have the authority to make life-or-death decisions. The obligation of care is defined in the laws and standards which are applicable to specific types of treatments and procedures.

In a case of negligence, it is essential to establish that the defendant had the duty of care for the plaintiff. It must be proved that the defendant violated this duty of care. This means that the doctor failed to adhere to the standard of care applicable to the situation. The standard of care is typically determined by what a normal person would do under the same situation. For instance the reasonable driver would not stop at when there is a red light.

In a malpractice lawsuit expert witnesses could be needed to testify on the standard of care that was not met and the way in which this standard was violated. They can also discuss the reason for the injury and what could have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. In order to file a claim, the plaintiff must demonstrate both financial losses (such medical malpractice lawsuits expenses and lost wages) in addition to noneconomic losses (such pain and suffering).

The amount of compensation received from a successful lawsuit for malpractice is contingent on the way in which your New York medical malpractice lawyer defends your losses. Your attorney will be able to prove your medically necessary expenses through a thorough review of your medical records, testimony from experts and the use of economic experts. In order to prove your loss of earnings, your medical malpractice lawyer must prove the number of days you were away from work due to your medical complications and the fact that these days off work were the result of the negligence of the defendant.

Non-economic damages can be more difficult to prove and may require the help of a professional who can be able to testify about your physical, emotional and mental distress due to the negligence committed by the defendant. Other kinds 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 significant other. The defendant's attorney will challenge your non-economic losses through a process of interrogatories, depositions and requests for documents and evidence under swearing.

Statute of Limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. Otherwise the court could dismiss the case. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure that your case is filed by the deadlines established by law.

In most cases, a victim of medical malpractice must bring a lawsuit within two and a half years of the date that the negligence or act of a medical professional caused the injury or death. However, as with all laws there are some exceptions to this rule. For instance if the error made by the health care professional was part of an ongoing course of treatment, the 30 month mandatory "clock" will not begin until the course of treatment is completed or the patient learns about the diagnosis.

In certain instances it is possible that a patient will not recognize the problem until a long time after, for example in the event that a foreign substance remains within the body after surgery or treatment. To solve 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 laws of your state and carefully review your case timeline to ensure that there are no administrative mistakes which could cause delays to your claim.