Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims get compensation for their losses. The common law system regulates medical malpractice claims.

In common law, doctors must observe the standard of care when treating their patients. If a doctor deviates from the accepted medical practices and results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as being sensible and prudent in providing care. A patient may be eligible to file a claim for medical malpractice if the standards aren't followed and the failure results in injuries or health problems.

The first element of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider and that the person or entity was obligated to act with reasonable care. Then, you must show the breach of the duty occurred. This is usually done by the use of expert testimony which can provide an objective analysis and evaluation.

An expert witness can determine if the defendant's actions were less than the accepted standard in your case. The expert will need to review your medical records, and interview or cross-check you in order to determine this.

You must be able to show that the breach directly caused your injury. This is known as causation and it is the third requirement of a negligence claim. In most cases, you'll require a direct cause-and- effect relationship between the breach of duties and the resulting injury. A mistake in diagnosis, for instance, could lead to prescriptions for the wrong drug or treatment being administered. This in turn can cause a negative reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, have a legal duty to act with reasonable care and caution. However doctors are held to an even higher standard due to the fact that they are medical experts and deal with life and death decisions. The obligation of care can be found in the laws and standards that govern specific kinds of treatments and procedures.

In a case of negligence it is essential to establish that the defendant was bound by the duty of care for the plaintiff. Then, it needs to be established that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standards of care in the given circumstance. The standard of care is typically determined by what a typical person would do in similar circumstances. For instance, a reasonable driver would not stop at an intersection with a red light.

In a malpractice case, expert witnesses are often needed to testify about the standards of care and the manner in which it was breached. They can also provide a detailed explanation of the cause of the injury and what could be done to prevent it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential loss that may result from medical negligence. To submit an action for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation received from a successful malpractice case depends on the way in which your New York medical malpractice lawyer defends your losses. Your lawyer will prove your medically necessary expenses through a review of your medical records, testimony from experts and the assistance of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the amount of days you were absent working due to medical complications, and that these days resulted from the negligence of the defendant.

The non-economic loss can be more difficult to prove and could require the help of a professional who can be able to testify about your physical, emotional and mental pain as a result of the infractions committed by the defendant. Loss in consortium is another type of non-economic harm. This is the inability of having an intimate, sexual relationship with your spouse, or any other significant person in the same way you used to. The defendant's attorney will challenge your non-economic losses through a process of depositions, interrogatories, and requests for documents and evidence under swearing.

Statute of Limitations

In New York, as with every state, there are specific time frames - also known as statutes of limitations within which a medical malpractice lawsuit must be filed otherwise it will be rejected by the courts. A New York medical malpractice attorney who is skilled will be well-versed in the specifics of these deadlines. They will also ensure that your claim is filed prior to the deadlines stipulated by law.

In most instances, the victim of medical malpractice has to file his or her lawsuit within two and a half years from the date that the negligence or act of a medical professional resulted in the death or injury. As with all laws, this law is not without exceptions. If, for instance the error of the health professional was part of a ongoing 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 instances like when a foreign object is left in the body after surgery or treatment, it may not be possible for a patient's to recognize 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 deadlines in certain instances. Your lawyer will be aware of the specific laws of your state and will examine your case's timeline to ensure that there are no administrative mistakes that could impede your claim.