Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The legal system that regulates medical malpractice cases is founded 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 deviates from the accepted medical norms and causes an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set standards accepted by the medical industry as being prudent and reasonable when they provide healthcare. If the standards aren't adhered to and the failure results in injuries or health problems the patient may be able to sue for medical malpractice lawsuit.

The first thing to do 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 fair manner. You must then prove that the breach occurred. This is usually done by an expert witness that can provide an objective analysis and evaluation.

This expert witness will be able determine if the defendant's actions fall below the standard of care that is accepted in your particular case. In order for 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 be able to establish that the breach directly led to your injury. This is known as causation and it is the third component of a negligence claim. In most cases, you will need to have an exact cause-and-effect link between the breach of duty and the resulting injury. For instance, a misdiagnosis could result in the wrong treatment or medication being prescribed and can result in an adverse reaction such as heart attacks.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to exercise diligence and care. However doctors are held to a more stringent standard because they are considered medical experts and deal with life and death decisions. The responsibility of medical care is described in the regulations and standards that govern specific types of treatments and procedures.

In a case of negligence it is important to establish that the defendant owed the duty of care for the plaintiff. It must be established that the defendant did not fulfill that duty of care. This means that the doctor did not perform to the required standard of care appropriate to the circumstances. The standard of care is typically determined by what a normal person would do under similar situations. For instance, medical malpractice attorney a prudent driver would not speed through a red light.

In a malpractice case experts could be required to provide evidence on the standard of care that was not met and how this standard was breached. They can also explain the cause of the injury and what could have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential damages that could result 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) in addition to non-economic losses (such suffering and pain).

The amount of compensation you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your lawyer will establish your medically necessary expenses through a thorough review of your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the amount of days you have missed from work due to medical problems, and proving that these missed days were a result of the defendant’s negligence.

Non-economic losses can be more difficult to prove and may require the help of a professional who will be able to testify about your physical, emotional and mental suffering due to the negligence committed by the defendant. Loss of consortium is another kind of non-economic loss. This is the inability to have a loving, sexual relationship with your spouse, or any other significant individual as you once did. The lawyer representing the defendant will contest your non-economic damages through a process of interrogatories, depositions and requests for statements and documents under swearing.

Statute of Limitations

In New York, as with every state, there are certain deadlines - commonly referred to as statutes of limitations within which a medical malpractice lawsuit must be filed, or otherwise it will be rejected by the courts. A seasoned New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed before the deadlines stipulated by law.

In most cases, victims of medical malpractice has to bring a lawsuit within two and a half years from the date that the act or omission of a medical professional resulted in the death or injury. However like with all laws there are a few exceptions to this rule. If, for example, the error committed by the health care provider was a part of a continual course of treatment, then the "clock" of 30 months will not start until the course of treatment has been completed or the patient has been informed of the diagnosis.

In certain instances, a patient may not recognize the problem until quite a while later, for example when a foreign object remains in the body following surgery or treatment. In order to address this issue, the majority of states have implemented the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your lawyer will be familiar with the laws of your state and will examine the timeline of your case carefully to avoid administrative errors that could impede your claim.