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 built on common law.

In common law, doctors must follow an ethical standard when treating their patients. If a doctor violates accepted medical procedures and causes injury or death, they could be held liable for negligence.

Duty of Care

Medical professionals must adhere to set of standards which are recognized by the medical profession as being reasonable and prudent when providing medical care. If these standards aren't met and that failure causes injury or health complications patients may be able to file a medical malpractice lawsuit.

The first element in a malpractice case is to prove that you were a patient of the healthcare provider and that they owed you an obligation to act in a fair manner. Then, you must show that a breach of that duty occurred. This is usually done by an expert witness that can provide an objective analysis and evaluation.

The expert witness will be able help determine whether or not the defendant's actions fell below the accepted standard of care in your particular case. In order for the expert to arrive at this conclusion, they will need to be able review your medical records and conduct an examination or interview with you.

You should also be able to prove that the breach of duty directly caused the injuries. This is known as causation, and it is the third requirement of a malpractice claim. In the majority of cases, you will need a direct cause and effect connection between the breach of duty and the subsequent injury. For instance, a mistake in diagnosis could result in the wrong treatment or medication being administered and can result in an adverse reaction, like a heart attack.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to act with diligence and care. However doctors are held to an even higher standard since they are medical experts who make life and death decisions. The obligation of care can be found in laws and standards governing specific types of treatment and procedures.

In a negligence case, it is important to establish that the defendant owed a duty to care for the plaintiff. It must be established that the defendant breached this duty of care. This means that the doctor Medical Malpractice Law Firm did not live up to the standard of care appropriate to the circumstances. The quality of care is usually determined by what a reasonable person would do under the circumstances. For instance, a reasonable driver would not run a red light.

In a case of malpractice, expert witnesses are often needed to testify about the standards of care and the way in which it was violated. They can also describe the cause of the injury and what could have been done to prevent it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any potential losses that may arise due to medical negligence. In order to submit a claim for damages, the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount you receive in a successful lawsuit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your attorney will establish medically essential costs by examining your medical records, utilizing expert testimony, and collaborating with economic experts. For your loss of earnings the medical malpractice lawyer should also show the number of times you were away from work because of your medical issues and 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 assistance from an expert witness who can explain your physical, mental and emotional pain that is an direct result of defendant's negligence. Loss of consortium is a different type of non-economic harm. It is the inability to maintain a loving, sexual relationship with your spouse or another significant person as you used to. The lawyer representing the defendant will challenge your non-economic damages through the use of interrogatories and depositions along with requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there are definite time frames - also known as statutes of limitations - within which a medical malpractice lawsuit must be filed or otherwise it could be dismissed by the courts. An experienced New York medical malpractice law firm malpractice lawyer is well-versed in these details and will make sure that your claim is filed prior to the deadlines set by law.

In the majority of cases, a 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 the injury or death. However as with all laws there are a few exceptions to this rule. For instance when the error by the health professional was part of an ongoing course of treatment, the 30-month legal "clock" will not start until the course of treatment is completed or when the patient becomes aware of the diagnosis.

Additionally, in certain situations like when the foreign object remains in the body following surgery or treatment, it may not be possible for a patient or patient's family to determine that there was a problem until much later. Because of this, many states have enacted an idea of law known as the discovery rule which permits injured victims to extend these deadlines in certain circumstances. Your attorney will be familiar with the laws of your state and will scrutinize the timeline of your case with care to avoid administrative mistakes that could cause delays to your claim.