Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients get compensation for their losses. The legal system that governs medical malpractice lawyers malpractice cases is founded on common law.

In common law, doctors must adhere to a standard of care in treating their patients. If a physician violates accepted medical procedures and results in death or injury, then he could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards accepted by the medical industry as reasonable and prudent when providing treatment. A patient may be able to file a lawsuit for medical malpractice if these standards aren't followed and the failure causes injuries or health issues.

The first element of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider and that the person or entity had a legal obligation to act with reasonable care. Then, you have to prove that a breach of that obligation occurred. This is usually accomplished by expert testimony that can provide an objective analysis and evaluation.

This expert witness will be able to help determine whether or not the defendant's actions were below the accepted standard of care in the particular case. The expert will examine your medical records and also interview or question you to make this determination.

You must be able to establish that the breach directly led to your injury. Causation is the third factor in a malpractice claim. In the majority of instances, you'll require an obvious cause-and effect relationship between the breach of duty and the subsequent injury. A misdiagnosis for instance can result in the wrong medication being prescribed or treatment being administered. This could cause an adverse reaction such as heart attacks.

Breach of Duty

As with all other professionals, doctors have a legal obligation to act with diligence and care. However, doctors are held to an even higher standard due to the fact that they are considered medical experts and have to make life and death decisions. The obligation of care is defined in the regulations and standards that are situated for specific kinds of treatments and procedures.

In a case of negligence it is crucial to prove that the defendant was bound by a duty to care for the plaintiff. It must be proved that the defendant did not fulfill this duty of care. This means that the doctor failed to meet the standards of care in the given circumstance. The standard of care is generally determined by what a reasonable individual would do in the same situation. For instance the reasonable driver would not run the red light.

In a lawsuit involving a malpractice experts could be required to provide evidence on the standard of care that was violated and the manner in which this standard was breached. They can also discuss the reason for the injury and what could be done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect against potential loss that may result from medical negligence. In order to make an action 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 upon how well your New York medical malpractice attorney will argue for your losses. Your lawyer can establish medically necessary expenses by examining your medical records, using expert testimony, and collaborating with economic experts. In order to establish your loss of earnings, your medical malpractice lawyer has to establish the number of days you were away from work due to medical conditions and the fact that the absences were due to the negligence of the defendant.

Non-economic damages can be difficult to prove. You may need the assistance of an expert witness who can describe your mental, physical, and emotional pain that is direct result of the defendant's negligence. Loss of consortium is a different kind of non-economic loss. It is the inability to have an intimate, sexual relationship with your spouse or any other significant person as you used to. The lawyer for the defendant will attempt to challenge your non-economic damages by a process of interrogatories, depositions, and demands for documents and declarations under the oath.

Statute of limitations

In New York, as with every state, there's a set of deadlines - commonly referred to as statutes of limitations - 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 knowledgeable will be aware of the nuances of these deadlines and ensure that your claim is filed within the deadlines specified by law.

In the majority of cases, a victim of medical negligence must file a lawsuit within two-and-ahalf years from the time the act or omission of an health professional caused the death or injury. However as with all laws, there are a few exceptions to this rule. If, for example, the error made by the health care provider was part of a continuous course of treatment, then the "clock" of 30 months will not begin until the course of treatment has been completed or the patient is informed of the diagnosis.

Additionally, in certain instances like when the foreign object remains within the body following surgery or treatment, it may not be possible for a patient to realize the issue until much later. To solve this issue, the majority of states have adopted the discovery rule. This allows injured victims in certain circumstances to extend their timeframes. Your attorney will know the specific laws of your state and will look over your case's timeline in order to ensure that there are no administrative mistakes that could delay your claim.