Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The legal system that regulates medical malpractice attorneys malpractice cases is based on common law.

In the common law, doctors must observe the standard of care when treating their patients. If a doctor violates accepted medical practices and results in death or injury, they could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are accepted by the medical profession as reasonable and prudent when they provide healthcare. If those standards are not followed and the result is injuries or health problems the patient could be able to file a medical malpractice lawsuit.

The first step in a case of malpractice is to prove that you were a patient of the healthcare provider and that they had a duty to act reasonably. You must then prove the breach occurred. This is usually done an expert witness that can provide a objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions fell below the standard of care in your particular case. The expert will need to look over 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 the 3rd element in a malpractice claim. In most cases, you'll require a direct cause-and- effect relationship between the breach of duty and the resulting injury. A misdiagnosis, for instance, could lead to prescribing the wrong medication or treatment being given. This could cause an adverse reaction such as a heart attack.

Breach of Duty

Physicians, like all other people, are required by law to fulfill a obligation to behave with reasonable care and with caution. Doctors are held to a higher standard, however, because they are medical experts and make life-or-death decisions. The duty of care can be found in the regulations and laws for specific kinds of treatments and procedures.

One of the first elements to be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. It must be established that the defendant did not fulfill this obligation of care. This means that the doctor did not perform to the required standard of care for the situation. The standard of care is typically determined by what a typical person would do under similar situations. For example, a prudent driver would not speed through a red light.

In a malpractice case expert witnesses are often needed to testify about the standard of care and how it was violated. They can also provide a detailed explanation of how the injury was caused and what could have been done to prevent it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. In order to file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such suffering and pain).

The amount you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the number of days you were away from work due to medical problems, and proving the reason for these absences were a result of the defendant's negligence.

Non-economic damages can be difficult to prove. You may need the assistance of a professional witness who can explain your physical, mental and emotional pain as an direct result of defendant's negligence. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you did with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic damages by a process of interrogatories and depositions as well as demands for documents and declarations under the oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not the court will decide to dismiss it. A New York medical malpractice attorney who is skilled will be familiar with the nuances of these deadlines and ensure that your claim is filed prior to the deadlines set forth by law.

In the majority of cases, a victim of medical malpractice has to present a lawsuit within two and a half years of the date at which the negligence or act of a healthcare professional resulted in the death or injury. As with all laws, this one is not without exceptions. For instance if the error by the health professional was part of a continuous course of treatment, the 30-month mandatory "clock" will not begin until that course of treatment is completed or when the patient learns about the diagnosis.

In certain instances, a patient may not discover the problem until a long time later for instance when a foreign object remains in the body following surgery or treatment. For this reason, most states have enacted the legal concept of discovery rule that allows injured victims to extend these deadlines in certain circumstances. Your attorney will know the specific laws in your state and will review your case timeline to avoid administrative errors that can derail your claim.