Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured patients get compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

In the common law, doctors must follow an ethical standard when treating their patients. If a doctor does not adhere to accepted medical procedures and results in injury or death they could be held liable for negligence.

Duty of Care

Medical professionals are expected to adhere to a set standard that are accepted by the medical profession as being prudent and reasonable when providing care. A patient might be able to file a lawsuit for medical malpractice if these standards aren't met and the failure causes injuries or health complications.

The first step in a malpractice case is to prove that you were a patient of the healthcare provider and that they had a duty to act reasonably. Then, you must show that the breach of this obligation occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

This 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 case. In order for the expert to arrive at this conclusion, they will need to be able to look over your medical records and conduct an examination or interview with you.

You must also prove that the breach directly caused your injury. Causation is the third element in a claim for malpractice. In most cases, you'll need a direct cause and effect relationship between the breach of duties and the resulting injury. A misdiagnosis, for example, could lead to prescribing the wrong medicine or treatment being administered. This could result in an adverse reaction such as heart attacks.

Breach of Duty

Doctors, just like other people, are legally bound by a obligation to exercise reasonable care and with caution. However, doctors are held to an even higher standard due to the fact that they are medical experts and have to make life and death decisions. The duty of care is set in the law and standards that apply to certain types of procedures and treatments.

In a case of negligence, it is vital to prove that the defendant was bound by a duty to care for the plaintiff. Then, it has to be proved that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standards of care for the situation. The standard of care is typically determined by what an ordinary person would do under the same circumstances. For instance, a prudent driver wouldn't run when there is a red light.

In a case of malpractice, expert witnesses are often needed to testify on the standard of care and the manner in which it was breached. They can also describe how the injury occurred and what could have been done to avoid it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. In order to submit an action for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your attorney can establish the medically essential costs by examining your medical records, utilizing expert testimony and consulting economic experts. For your loss of earnings your medical malpractice lawyer should also prove the number of days you were away from work due to your medical malpractice lawyers complications and the fact that these missed work days were the result of the defendant's negligence.

Non-economic damages can be more difficult to prove and may require the help of a professional who can give evidence about your physical, emotional, and mental suffering because of the negligence committed by the defendant. Loss of consortium is a different type of non-economic harm. This is the inability of having an intimate relationship with your spouse, or any other significant individual as you once did. The attorney representing the defendant will challenge your non-economic losses through interrogatories, depositions, and requests for statements and documents under oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. If not the court will not dismiss the case. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure that your claim is filed before the deadlines established by law.

In most cases, the victim of medical negligence has to make a claim within two-and-a-half years of the date that the act or omission committed by medical professionals caused death or injury. However, as with all laws there are some exceptions to this rule. For instance when the error by the health professional was part of an ongoing course of treatment, the 30-month statutory "clock" will not start until the course of treatment is complete or the patient learns of the diagnosis.

In some instances, a patient may not realize the problem until quite a while later for instance in the event that a foreign substance is left within the body after surgery or treatment. To address this issue, the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will know the specific rules in your state, and will carefully review your case timeline to ensure that there are no administrative mistakes that could delay your claim.