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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to adhere to the highest standards of care when treating their patients. If a doctor does not adhere to accepted medical practices and results in injury or death, then he could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are accepted by the medical profession as being prudent and reasonable in providing medical care. Patients may be in a position to file a lawsuit for medical malpractice if the standards aren't met and the breach causes injuries or health problems.

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

This expert witness will determine if the defendant's actions fall below the accepted standard of care in your particular situation. To enable the expert to make this decision they must be able to look over your medical records and conduct an examination or interview with you.

You also need to prove that the breach of duty directly led you to experience injury. Causation is the 3rd element in a malpractice claim. In most cases, you will require an exact cause-and-effect link between the breach of duty and the subsequent injury. A misdiagnosis, for instance, could lead to prescribing the wrong medication or treatment being administered. This could cause a negative reaction such as a heart attack.

Breach of Duty

Physicians, like all other individuals, have a legal obligation to exercise reasonable care and with caution. Doctors are held to a higher standard however, since they are medical experts and can make life-or-death decisions. The responsibility of medical care is described in the laws and standards that govern specific kinds of treatments and procedures.

In a case of negligence it is essential to establish that the defendant owed the duty of care for the plaintiff. Then, it must be established that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standard of care in the particular circumstance. The standard of care is generally determined by what a reasonable individual would do in similar circumstances. For instance the reasonable driver wouldn't run a red light.

In a malpractice case, expert witnesses are typically required to testify about the standards of care and the way in which it was violated. They can also describe the reason behind the injury and explain how they could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. In order to bring a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as suffering and pain).

The amount you are awarded from a successful malpractice lawsuit is contingent upon the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney can establish the medically necessary costs by reviewing your medical records, utilizing expert testimony and consulting economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the number of days you were absent from work due to medical issues, and that these missed days resulted from the defendant's negligence.

Non-economic damages can be more difficult to prove and could require the help of a professional who can testify about your physical, emotional, and mental distress as a result of negligence committed by the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship like you used to with your spouse or significant other. The lawyer representing the defendant may challenge your noneconomic damages by way of depositions and interrogatories and also requests for documents and sworn declarations.

Statute of Limitations

In New York, as with every state, there are specific deadlines - commonly referred to as statutes of limitations - within which a medical malpractice lawsuit must be filed otherwise it will be rejected by the courts. An experienced New York medical malpractice lawyer is aware of these specifics and will ensure that your case is filed within the deadlines set by law.

In the majority of cases, the victim of medical negligence must bring a suit within two and a half years from the time the act or omission of medical professionals resulted in injury or death. However like all laws there are some exceptions to this rule. For instance, if the error committed by the health professional was a part of a continual course of treatment, the "clock" of 30 months will not begin until the course of treatment has been completed or the patient is informed of the diagnosis.

Additionally, in some cases such as when a foreign object is left inside the body after surgery or treatment, it might not be possible for a patient or patient's family to determine that there was a problem until much later. In this regard, a majority of states have enacted the legal concept of discovery rule, which allows injured victims to extend these deadlines in certain circumstances. Your lawyer is familiar with the laws of your state and will scrutinize the timeline of your case carefully to avoid mistakes in the administration which could delay your claims.