Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are required to follow a certain standard of care when treating patients. If a doctor does not adhere to accepted medical malpractice lawsuit practices and results in injury or death, then he could be held liable for negligence.

Duty of Care

Medical professionals must follow a set of standards accepted by the medical industry as being reasonable and prudent when providing healthcare. Patients may be in a position to file a lawsuit for medical malpractice if these standards aren't being met and the failure causes injuries or health complications.

The first element in a malpractice lawsuit is to establish that you were a client of the healthcare provider and that they had a duty to act in a reasonable manner. Then, you have to prove that a breach of that duty occurred. This is usually accomplished by the use of expert testimony which can provide a objective analysis and evaluation.

This expert witness will be able determine if the defendant's actions were below the standard of care that is accepted in your particular circumstance. To allow the expert to determine this they must be able to examine your medical records and conduct an examination or interview of you.

You also need to establish that the breach of duty directly caused the injuries. This is known as causation, and it is the third element in a negligence claim. In the majority of instances, you'll require an exact cause-and-effect link between the breach of duty and subsequent injury. A misdiagnosis, for instance, could lead to the wrong medication being prescribed or treatment being administered. This could cause an adverse reaction, such as heart attacks.

Breach of Duty

Just like everyone else medical professionals, doctors are under a legal obligation to exercise care and prudence. However doctors are held to a higher standard since they are considered experts in medicine and have to make life and death decisions. The duty of care is outlined in the laws and standards that govern specific types of treatment and procedures.

In a case of negligence it is crucial to prove that the defendant was bound by the duty of care for the plaintiff. It must be proved that the defendant violated 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 reasonable individual would do under the circumstances. A reasonable driver, for instance would not use a traffic light.

In a malpractice case, expert witnesses are often needed to testify about the standards of care and the manner in which it was breached. They can also discuss the cause of the injury and explain how they could have prevented it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses 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 non-economic losses (such suffering and pain).

The amount you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the number of days that you missed working due to medical problems, and proving the reason for these absences resulted from the negligence of the defendant.

The non-economic loss can be more difficult to prove and could require the help of a professional who will give evidence about your physical, emotional, and mental suffering because of the negligence committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages through the use of interrogatories and depositions and requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there's a set of time frames - also known as statutes of limitation within which a medical negligence lawsuit must be filed, or otherwise it will be dismissed by the courts. A New York medical malpractice attorney who has experience will be aware of the nuances of these deadlines, and will ensure that your claim is filed before the deadlines set forth by law.

In most cases, a victim of medical malpractice has to make a claim within two and a half years from the date on which the negligence or act of a doctor or other health professional resulted in the death or injury. As with all laws this one is not without exceptions. For instance, if the error of the health care provider was part of an ongoing course of treatment, the 30 month legal "clock" will not begin until that course of treatment is completed or when the patient becomes aware of the diagnosis.

In some instances, a patient may not realize the problem until a long time later for instance when a foreign object remains within the body after surgery or treatment. Because of this, many states have enacted the legal concept known as the discovery rule, which allows injured victims to extend deadlines in certain circumstances. Your lawyer will be aware of the specific laws of your state and will carefully go over the timeline of your case to avoid administrative errors that could delay your claim.