Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor violates accepted medical malpractice law firm practices and results in death or injury, then he could be held accountable for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards accepted by the medical industry as reasonable and prudent when they provide healthcare. If those standards are not adhered to and the failure results in injury or health complications the patient may be able to sue for medical malpractice lawsuit.

The first part of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person had a legal obligation to act reasonably. You must then prove that the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and evaluation of the case.

The expert witness can determine if the defendant's actions were below the standard of care in your situation. The expert will review your medical records, and interview or examine you in order to make this determination.

You must be able to demonstrate that the breach directly led to your injury. Causation is the third element in a malpractice lawsuit. In the majority of cases, you will need to have an immediate cause-and-effect connection between the breach of duty and the subsequent injury. For example, a misdiagnosis could result in the wrong treatment or medication being prescribed 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 however, since they are medical experts and can make life-or-death decisions. The duty of care is outlined in laws and standards governing specific kinds of treatments and procedures.

In a case of negligence, it is vital to prove that the defendant had the duty of care for the plaintiff. It must be proved that the defendant violated this obligation of care. This means that the doctor did not live up to the standard of care applicable to the situation. The quality of care is usually determined by what a reasonable person would do in the situation. A reasonable driver, for instance, would not run at a traffic light.

In a lawsuit involving a malpractice expert witnesses could be required to testify about the standard of care that was violated and how the standard was violated. They can also discuss the reason for the injury and what could have been done to avoid it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses due to medical negligence. To file a claim, the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such suffering and pain).

The amount of money you will receive from a successful malpractice lawsuit is contingent on how your New York medical malpractice lawyer can argue for your losses. Your lawyer will prove your medically necessary expenses through a thorough review of your medical records, evidence from experts, and the use of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days you were absent from work due your medical conditions, Medical Malpractice Law Firm and also that these days resulted from the defendant's negligence.

Non-economic damages are more difficult to prove. You may need the assistance of an expert witness who can provide details of your physical, mental, and emotional pain that is direct result of the defendant's negligence. Other types of non-economic losses include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or your significant other. The lawyer for the defendant will attempt to challenge the non-economic damages you suffer through interrogatories, depositions, and requests for documents and statements under the oath.

Statute of limitations

In New York, as with every state, there are certain time frames - also 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 skilled will be well-versed in the specifics of these deadlines and will ensure that your claim is filed prior to the deadlines set by law.

In the majority of instances, the victim of medical malpractice has to make a claim within two and a half years from the date on which the act or omission of a medical professional caused the injury or death. However like all laws there are some exceptions to this rule. If, for instance, the error of the health care provider was part of a continuing course of treatment, then the "clock" of 30 months cannot begin until the course of treatment is completed or the patient has been informed of the diagnosis.

In some cases the patient may not discover the problem until a long time later, for example when a foreign object is left within the body after surgery or treatment. To tackle this issue, the majority of states have embraced what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will know the specific rules in your state and will carefully look over your case's timeline in order to avoid any administrative errors that could impede your claim.