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 the common law, doctors must follow the highest standards of care when treating their patients. If a doctor deviates from the accepted medical norms and results in injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are expected to adhere to a set of standards that are accepted by the medical malpractice attorneys profession as being prudent and reasonable when providing care. When those standards are not met and that failure causes injuries or health issues the patient may be able to file a medical malpractice lawsuit.

The initial step of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider at issue and that the entity or person owed you a duty to act with reasonable care. The next step is to prove the breach of the duty occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the case.

The expert witness can determine whether the defendant's actions fell less than the accepted standard in your particular case. To allow the expert to make this determination they must be able to look over your medical records and conduct an examination or interview with you.

You must be able to prove that the breach directly led to your injury. This is known as causation, and it is the third requirement of a negligence claim. In the majority of instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and subsequent injury. For example, a misdiagnosis could result in the wrong treatment or medication being prescribed and could result in an adverse reaction such as a heart attack.

Breach of Duty

Like everyone else medical professionals, doctors are under a legal obligation to act with the utmost care and caution. Doctors are held to higher standards, however, because they are medical experts and make life-or-death decisions. The duty of care is found in the laws and standards that govern certain types of treatments and procedures.

One of the primary elements that needs to be established in a negligence claim is that the defendant owed a duty to care to the plaintiff. It must be established that the defendant violated the duty of care. This means that the doctor failed to meet the standards of care in this particular circumstance. The standard of care is generally determined by what a reasonable person would do in the same situation. A reasonable driver, for instance would not use a traffic light.

In a lawsuit involving a malpractice, expert witnesses may be required to testify regarding the standard of care that was violated and how the standard was breached. They can also discuss how the injury occurred and what could be done to stop it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to protect against potential loss that may result from medical negligence. In order to bring 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 suffering and pain).

The amount you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney fights for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and collaborating with economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the number of days you were away from work due your medical issues, and that these missed days were a result of the defendant’s negligence.

Non-economic losses are more difficult to prove and may require the assistance of a professional who will give evidence about your physical, emotional and mental pain as a result of the negligence of the defendant. Other types of non-economic losses include loss of consortium, which is the inability to maintain a loving and sexual relationship in the same way you used to with your spouse or your significant other. The defendant's attorney will challenge the non-economic damages you suffer through interrogatories, depositions, and requests for statements and documents under the oath.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. If not the court could dismiss it. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure that your case is filed by the deadlines established by law.

In the majority of cases, the victim of medical negligence is required to make a claim within two-and-a-half years from the time the act or omission by a health care provider resulted in the injury or death. However like 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 mandatory "clock" will not start until the treatment is completed or when the patient becomes aware of the diagnosis.

In certain instances, a patient may not realize the problem until a considerable time later for instance when a foreign object remains in the body following surgery or treatment. In order to solve this issue, the majority of states have implemented what is known as the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will be familiar with the rules of your state and will go over the timeline of your case with care to avoid administrative errors that can derail your claims.