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Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to adhere to a certain standard of care when treating patients. If a doctor is found to be in violation of accepted medical procedures and results in injury or death, then he could be held liable for negligence.

Duty of Care

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

The first element in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they were bound to act in a reasonable manner. The next step is to prove that the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and assessment of the situation.

This expert witness will be able to determine if the defendant's actions fell below the accepted standard of care in your particular circumstance. To allow the expert to arrive at this conclusion they must be able to look over your medical records and conduct an examination or interview of you.

You must also establish that the breach directly led to your injury. This is known as causation, and it is the third element of a malpractice claim. In most cases, you'll need a direct cause and result relationship between the breach of duty and the resulting injury. For instance, a mistake in diagnosis could result in the wrong treatment or medication being administered, which in turn causes an adverse reaction like heart attacks.

Breach of Duty

Just like everyone else medical professionals, doctors are under a legal obligation to exercise care and caution. Doctors are held to a higher standard, however, because they are medical experts and have the authority to make life-or-death decisions. The obligation of care can be found in laws and standards for specific kinds of treatments and procedures.

In a negligence case it is essential to establish that the defendant owed the obligation of taking care of the plaintiff. Then, it has to be established that the defendant violated the duty of care. This means that the doctor failed to live up to the 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 experts are usually needed to testify on the standard of care and the way in which it was violated. They can also provide the cause of the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance to cover any potential losses that might arise due to medical negligence. To submit a claim for damages, the plaintiff must prove 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 are awarded from a successful malpractice case depends on how your New York medical malpractice lawyer can argue for your losses. Your lawyer can establish medically required costs by looking over your medical records, utilizing expert testimony, and consulting economic experts. For the loss of your earnings, your medical malpractice lawyer must demonstrate the number of days you missed work due to your medical conditions and the fact that these missed work days resulted from the defendant's negligence.

Non-economic damages can be difficult to prove. You may require assistance from a professional witness who can describe your physical, mental, and emotional distress as a direct result of the defendant's negligence. Loss of consortium is a different type of non-economic damage. This is the inability of having a loving, sexual relationship with your spouse or any other significant person in the same way you used to. The lawyer representing the defendant may challenge your non-economic damages through the use of interrogatories, depositions, along with requests for documents or sworn statements.

Statute of limitations

In New York, as with every state, there are certain time limits - commonly 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 is knowledgeable will be aware of the nuances of these deadlines. They will also ensure that your claim is filed prior to the deadlines set by law.

In most instances, the victim of medical malpractice has to make a claim within two and a half years of the date that the negligence or act of a health care provider resulted in the death or injury. However like with all laws, there are a few exceptions to this rule. For instance, if the health care provider's error was part of a continuous course of treatment, the 30-month statutory "clock" will not begin until the treatment is completed or when the patient is informed of the diagnosis.

In certain instances, a patient may not realize the problem until a considerable time later for instance when a foreign object remains in the body following surgery or treatment. To deal with this issue, a majority of states have embraced the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your lawyer is familiar with the rules of your state and will examine the timeline of your case with care to avoid mistakes in the administration that can derail your claims.