Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyers malpractice lawyer aids injured patients receive compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In the common law, doctors are required to follow a certain standard of care when treating patients. If a doctor does not adhere to the accepted medical practices and causes an injury or death it could be liable for negligence.

Duty of Care

medical malpractice law firm professionals must adhere to a set standard that are accepted by the medical profession as being reasonable and prudent when providing treatment. If those standards are not followed and the result is harm or health issues patients may have grounds to file a medical malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider and that the person or entity was obligated to act in a reasonable way. You must then prove that the breach occurred. This is usually done by an expert witness that can provide an objective analysis and evaluation.

An expert witness can determine if the defendant's actions were below the standard of care in your specific case. The expert will review your medical records, and also interview or question you in order to determine this.

You must be able to demonstrate that the breach directly caused your injury. Causation is a third element in a claim for malpractice. In the majority of cases, you will require a direct cause & effect connection between the breach of duty and the resulting injury. For instance, a wrong diagnosis could lead to the wrong treatment or medication being administered and that can result in an adverse reaction like a heart attack.

Breach of Duty

Like all doctors, doctors have a legal obligation to exercise the utmost care and caution. Doctors are held to a higher standard however, since they are medical experts and have the authority to make life-or-death decisions. The obligation of care is defined in the law and standards that apply to certain types of treatments and procedures.

In a negligence case it is crucial to prove that the defendant had the duty of care for the plaintiff. It must be proved that the defendant did not fulfill this duty of care. This means that the doctor failed to meet the standards of care applicable to the situation. The standard of care is generally determined by what a reasonable individual would do in the situation. A reasonable driver, for example, would not run an intersection at a stoplight.

In a malpractice lawsuit experts may be required to testify about the standard of care that was violated and how the standard was violated. They can also discuss how the injury was caused and what could be done to prevent it from occurring.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect against potential losses that might arise due to medical negligence. To file a claim, the plaintiff will need to demonstrate both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such pain and suffering).

The amount of compensation received from a successful malpractice lawsuit is contingent on the way in which your New York medical malpractice lawyer defends your losses. Your lawyer will prove your medically necessary expenses through a review of your medical records, evidence from experts and the assistance of economic experts. For the loss of your earnings your medical malpractice lawyer must show the number of times you missed work due to your medical condition and also the fact that these days off work resulted from the negligence of the defendant.

Non-economic damages can be difficult to prove. You may require assistance from a professional witness who can describe your physical, mental, and emotional pain as directly resulting from the defendant's negligence. Loss of consortium is a second kind of non-economic loss. This is the inability of having an intimate, sexual relationship with your spouse or any other significant person like you once did. The defendant's lawyer will challenge your non-economic damages in the form of interrogatories, depositions, and requests for documents and sworn declarations.

Statute of Limitations

In New York, as with every state, there are specific time frames - also known as statutes or limitations within which a medical malpractice lawsuit must be filed or else it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be well-versed in the nuances of these deadlines and will ensure that your claim is filed prior to the deadlines set forth by law.

In the majority of cases, the victim of medical negligence must make a claim within two-and-a-half years from the time the act or omission by an health professional caused the death or injury. As with all laws this law is not without exceptions. If, for example, the error made by the health care provider was part of a ongoing course of treatment, then the "clock" of 30 months cannot begin until the course of treatment has been completed or the patient has been informed of the diagnosis.

Additionally, in certain instances for instance, when the foreign object remains inside the body after surgery or treatment, it might not be possible for a patient to realize the issue until much later. In this regard, a majority of states have adopted the legal concept known as the discovery rule that allows injured victims to extend deadlines in certain circumstances. Your lawyer is familiar with the laws of your state and will go over the timeline of your case with care to avoid any administrative errors that could impede your claim.