Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are required to adhere to a certain level of care when treating patients. If a physician does not follow the accepted medical standard and results in an injury or death the doctor could be held accountable for negligence.

Duty of Care

medical malpractice lawyers professionals must adhere to set standards that are accepted by the medical profession as sensible and prudent in providing healthcare. A patient might be legally able to bring a lawsuit against a medical professional if those standards aren't followed and the breach causes injuries or health issues.

The first element in a malpractice lawsuit is to establish that you were a patient of the healthcare provider and that they owed you a duty to act in a fair manner. The next step is to prove that the breach of this obligation occurred. This is usually done through the use of expert testimony who can provide an objective analysis and evaluation of the case.

The expert witness will be able determine if the defendant's actions were below the accepted standard of care in your particular circumstance. In order for the expert to determine this, they will need to be able review your medical records and conduct an examination or interview of you.

You must also be able to establish that the breach of duty directly led the injury. This is known as causation, and it is the third element in a negligence claim. In the majority of cases, you will require a direct cause and result connection between the breach of duty and the resulting injury. A misdiagnosis, for instance one, could result in prescribing the wrong medication or treatment being given. This in turn can cause an adverse reaction such as a heart attack.

Breach of Duty

Physicians, like all other individuals, have a legal obligation to conduct themselves with reasonable care and with caution. Doctors are held to higher standards but because they are medical experts and can make life-or-death decisions. The duty of care is set in the laws and standards that apply to certain types of procedures and treatments.

One of the primary elements that must be proven in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. It must be proven that the defendant breached this obligation of care. This means that the doctor failed to perform to the required standard of care appropriate to the circumstances. The standard of care is usually determined by what a normal person would do in the same circumstances. For instance, a prudent driver would not stop at when there is a red light.

In a malpractice lawsuit, expert witnesses may be required to testify about the standard of care that was not met and the way in which this standard was violated. They can also describe the cause of the injury and what could have been done to avoid it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any losses that might arise from medical negligence. To file a claim, the plaintiff will need to show both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such pain and suffering).

The amount you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney argues for your losses. Your lawyer can establish medically necessary expenses by examining your medical records, utilizing expert testimony, and collaborating with economic experts. For your loss of earnings, your medical malpractice lawyer must show the number of times you missed work due to medical issues and the fact that these days off work resulted from the defendant's negligence.

Non-economic damages are more difficult to prove. You may require assistance from an expert witness who can describe your physical, mental and emotional pain as directly resulting from 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 like you used to with your spouse or significant other. The lawyer representing the defendant will contest your non-economic damages through depositions, interrogatories, and requests for documents and statements under swearing.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. Otherwise the court could dismiss the case. A seasoned New York medical malpractice lawyer is knowledgeable about these particulars and will ensure that your case is filed within the deadlines that are set by law.

In most cases, victims of medical malpractice lawsuit malpractice has to make a claim within two and a half years of the date that the act or omission of a healthcare professional caused the injury or medical malpractice attorney death. However, as with all laws there are some exceptions to this rule. For instance when the error by the health professional was part of a continuous course of treatment, the 30 month statutory "clock" will not begin until that course of treatment is completed or the patient learns about the diagnosis.

In some instances for instance, when an object that is foreign remains within the body following surgery or treatment, it may not be possible for a patient's to recognize the issue until much later. In order to deal with this issue, a majority of states have embraced what is known as the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your attorney will be aware of specific rules of your state and will examine your case's timeline to avoid administrative errors that could impede your claim.