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Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are required to adhere to a certain level of care when treating patients. If a physician does not follow the accepted medical standard and results in an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical malpractice law Firms profession as reasonable and prudent in their healthcare. If the standards aren't followed and if they cause injury or health complications the patient may be able to bring a medical malpractice lawsuit.

The first element of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider in question, and that the person or entity was obligated to act reasonably. The next step is to prove that the breach occurred. This is typically done expert testimony that can provide a objective analysis and evaluation.

The expert witness will help determine if the defendant's actions were not in line with the accepted standards in your specific case. The expert will look over your medical records and interview or examine you to make this determination.

You also need to prove that the breach of duty directly led you to suffer injury. This is known as causation, and it is the third element of a malpractice claim. In the majority of cases, you'll require a direct cause and result connection 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 in turn can cause an adverse reaction such as heart attacks.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to exercise the utmost care and caution. However doctors are held to an even more stringent standard because they are medical experts and deal with life and death decisions. The obligation of care is outlined in laws and standards governing specific kinds of treatments and procedures.

One of the first things to be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. Then, it needs to be proven that the defendant violated that duty of care. This means that the doctor failed to adhere to the standard of care applicable to the situation. The standard of care is typically defined by what an average person would do in the same situation. For example the reasonable driver would not run the red light.

In a lawsuit involving a malpractice, expert witnesses may be needed to testify on the standard of care that was not met and the way in which this standard was breached. They can also explain how the injury was caused and what could be done to prevent it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect against potential losses that may arise due to medical negligence. To submit an action for damages, the plaintiff must demonstrate both 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 upon how well your New York medical malpractice attorney fights for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, using expert testimony and consulting economic experts. In order to establish your loss of earnings the medical malpractice lawyer should also prove the number of days you were off work due to medical condition and also the fact that these days off work were due to the defendant's negligence.

Non-economic damages can be harder to prove. You may require the assistance of a professional witness who can provide details of your physical, mental and emotional pain as direct result of the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a romantic and sexual relationship as you once could with your spouse or significant other. The lawyer for the defendant will contest your non-economic damages with the help of interrogatories and depositions and requests for documents and sworn declarations.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise the court could dismiss it. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure that your claim is filed by the deadlines established by law.

In most cases, the victim of medical negligence must make a claim within two-and-a-half years from the date the act or omission committed by a health care provider resulted in death or injury. Like all laws, this rule is not without exceptions. If, for example, the error made by the health professional was part of a ongoing course of treatment, then the "clock" of 30 months will not start until the course of treatment has been completed or the patient is informed of the diagnosis.

Additionally, in certain instances 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 the issue until much later. To deal with this issue, a majority of states have implemented what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will be aware specific laws of your state and will carefully look over your case's timeline in order to avoid any administrative errors that can derail your claim.