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Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are required to adhere to a specific standard of care when treating patients. If a physician does not follow the accepted medical standard and results in an injury or death the doctor could be held accountable for negligence.

Duty of Care

medical malpractice lawyers professionals are expected to adhere to a set standards accepted by the medical industry as reasonable and prudent when they provide healthcare. If the standards aren't followed and the result is injury or health complications patients may be able to sue for medical malpractice lawsuit.

The initial step of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider and that the entity or person owed you a duty to act in a reasonable manner. You then need to prove that the breach occurred. This is usually accomplished by using expert testimony that can provide an objective analysis and evaluation.

The expert witness can determine whether the defendant's actions are less than the accepted standard in your particular case. The expert will need to examine your medical records and interview or cross-check you to determine this.

You must also show that the breach directly led to your injury. This is known as causation and it is the third component of a negligence claim. In the majority of cases, you will require a direct cause and effect relationship between the breach of duty and the resulting injury. A mistake in diagnosis, for instance can result in prescribing the wrong medication or treatment being given. This in turn can cause a negative reaction such as heart attacks.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to act with diligence and care. Doctors are held to an even higher standard, however, because they are medical experts and can make life-or-death decisions. The duty of care can be found in laws and standards for specific types of treatment and procedures.

In a negligence case it is essential to establish that the defendant owed an obligation to take care of the plaintiff. Then, it needs to be proven that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standards of care in the given circumstance. The quality of care is usually determined by what a reasonable individual would do in similar circumstances. For example, a prudent driver would not run a red light.

In a malpractice case experts are often required to testify regarding the standard of care and how it was violated. They can also discuss the cause of the accident and what could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect against potential damages that could result due to medical negligence. In order to bring 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 of compensation you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney defends your losses. Your lawyer will prove your medically necessary expenses through a review of your medical records, the testimony of experts, and the use of economic experts. For the loss of your earnings Your medical malpractice lawyer should also demonstrate the number of days you were absent from work due to medical complications and the fact that the absences resulted from the defendant's negligence.

Non-economic losses can be more difficult to prove and may require the assistance of a professional who can be able to testify about your physical, emotional and mental suffering because of the infractions committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or significant other. The lawyer representing the defendant will contest your non-economic damages by interrogatories and depositions as well as requests for documents and evidence under swearing.

Statute of Limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise the court will decide to dismiss it. A New York medical malpractice attorney who has experience will be aware of the nuances of these deadlines. They will also ensure that your claim is filed prior to the deadlines specified by law.

In most instances, the victim of medical malpractice has to make a claim within two and a half years of the date when the negligence or act of a health care provider 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 start until the treatment is completed or until the patient learns of the diagnosis.

In some cases, a patient may not be aware of the issue until a long time later for instance, if a foreign body is left in the body following surgery or treatment. Because of this, many states have enacted the legal concept of discovery rule, which allows injured victims to extend these deadlines in certain instances. Your attorney will be aware of specific rules in your state, and will carefully go over the timeline of your case to ensure that there are no administrative mistakes that could delay your claim.