Why You Need a Medical Malpractice Lawyer

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

Under common law, Medical malpractice attorney doctors are expected to adhere to a certain level of care when treating patients. If a doctor violates accepted medical procedures and results in injury or death they could be held accountable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as sensible and prudent in providing care. A patient could be eligible to file a claim against a medical professional if those standards aren't met and the failure causes injury or health complications.

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

The expert witness will help determine whether the defendant's actions fell less than the accepted standard in your particular case. The expert will need to examine your medical records and also interview or question you in order to determine this.

You should also be able to establish that the breach of duty directly caused you to suffer injury. This is known as causation, and it is the third requirement of a negligence claim. In the majority of instances, you'll require an immediate cause-and-effect connection between the breach of duty and the subsequent injury. For instance, a misdiagnosis could result in the wrong treatment or medication being administered and in turn causes an adverse reaction, such as a heart attack.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to act with care and caution. Doctors are held to an even higher standard due to the fact that they are medical experts who make life-or-death decisions. The obligation of care can be found in laws and standards for specific kinds of treatments and procedures.

One of the first things that needs to be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. Then, it has to be proven that the defendant violated that duty of care. This means that the doctor did not meet the standards of care in this particular circumstance. The quality of care is usually determined by what a reasonable individual would do in the situation. A reasonable driver, for instance would not use at a traffic light.

In a case of malpractice expert witnesses could be required to provide evidence on the standard of care that was violated and the way in which this standard was breached. They can also provide a detailed explanation of the reason for the injury and what could have been done to avoid it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance to protect against potential losses that might arise from medical negligence. To be able to file a claim the plaintiff will need to prove both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such suffering and pain).

The amount you receive in a successful lawsuit depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney can determine your medically required expenses by examining your medical records, the testimony of experts and the use of economic experts. Your medical malpractice attorney must prove your lost earnings by proving the amount of days you were away working due to medical problems, and proving that these missed days were a result of the negligence of the defendant.

Non-economic losses are more difficult to prove, and may require the help of a professional who can testify about your physical, emotional, and mental pain due to the negligence of the defendant. Loss of consortium is another type of non-economic harm. This is the inability to enjoy a loving, sexual relationship with your spouse or another significant person in the same way you used to. The attorney representing the defendant will challenge the non-economic damages you suffer through interrogatories, depositions and demands for documents and declarations under the oath.

Statute of limitations

In New York, as with every state, there are specific time limits - commonly known 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 knowledgeable about these particulars and will ensure your claim is filed within the deadlines that are set by law.

In most instances, the victim of medical malpractice must make a claim within two and a half years from the date that the negligence or act of a medical professional 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 an ongoing course of treatment, the 30-month mandatory "clock" will not start until the treatment is completed or the patient is informed of the diagnosis.

Additionally, in some cases for instance, when an object that is foreign remains within the body following surgery or treatment, medical malpractice attorney it might not be possible for a patient's to recognize the issue until much later. For this reason, most states have enacted the legal concept of discovery rule which permits injured victims to extend these deadlines in certain instances. Your attorney will be well-versed in the laws of your state and will go over your case's timeline carefully to avoid mistakes in the administration that could cause delays to your claim.