Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help injured patients receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In common law, doctors must follow a standard of care in treating their patients. If a doctor violates accepted medical procedures and causes injury or death, the doctor could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards accepted by the medical industry as being prudent and reasonable when providing healthcare. If those standards are not followed and the result is injuries or health problems patients may be able to file a Medical Malpractice Law malpractice lawsuit.

The first step in a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider at issue and that the entity or person had a legal obligation to act with reasonable care. You must then prove that the breach occurred. This is usually accomplished by expert testimony that can provide an objective analysis and evaluation.

The expert witness will be able help determine whether or not the defendant's actions fall below the accepted standard of care in your particular case. The expert will need to look over your medical records and then interview or testify against you to make this determination.

It is also necessary to establish that the breach of duty caused the injury. Causation is the third element in a malpractice claim. In the majority of cases, you will require a direct cause-and- effect connection between the breach of duties and the subsequent injury. A misdiagnosis for instance one, could result in prescribing the wrong medication or treatment being given. This can result in an adverse reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, are legally bound by a obligation to conduct themselves with reasonable care and be cautious. However, doctors are held to a higher standard due to the fact that they are considered experts in medicine and have to make life and death decisions. The obligation of care is defined in the law and standards that are situated for specific types of treatments and procedures.

One of the most important elements that must be established in a negligence lawsuit is that the defendant was bound by a duty care to the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor failed to meet the standards of care in the particular circumstance. The standard of care is usually determined by what a reasonable individual would do in similar circumstances. For example the reasonable driver would not speed through a red light.

In a malpractice case experts are usually needed to testify regarding the standard of care and the way in which it was violated. They can also describe what caused the injury and what could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any loss that may result 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) as well as non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your attorney will be able to prove your medically necessary expenses through a review your medical malpractice settlement records, evidence from experts and the use of economic experts. In order to prove your loss of earnings Your medical malpractice lawyer must also establish the number of days you were absent from work because of your medical complications and the fact that these missed work days resulted from the defendant's negligence.

The non-economic damages may be more difficult to prove. You may require assistance from a professional witness who can describe your mental, physical, Medical malpractice law and emotional distress as directly resulting from the defendant's negligence. Loss of consortium is another type of non-economic harm. This is the inability to have a romantic, sexual connection with your spouse or other significant individual as you once did. The lawyer for the defendant will contest your non-economic damages through the use of depositions and interrogatories as well as requests for documents and sworn declarations.

Statute of Limitations

In New York, as with every state, medical malpractice law there are certain deadlines - commonly referred to as statutes of limitation within which a medical negligence lawsuit must be filed or otherwise it will be rejected by the courts. A New York medical malpractice attorney who has experience is well-versed in the nuances of these deadlines and ensure that your claim is filed before the deadlines set forth by law.

In the majority of cases, victims of medical malpractice must present a lawsuit within two and a half years of the date when the act or omission of a medical malpractice lawyers professional caused the injury or death. As with all laws this rule is not without exceptions. For instance if the error of the health care provider was part of an ongoing course of treatment, the 30 month statutory "clock" will not start until that course of treatment is completed or the patient learns of the diagnosis.

Additionally, in certain instances like when the foreign object remains within the body following surgery or treatment, it might not be possible for a patient's to recognize that there was a problem until much later. In order to solve this issue, the majority of states have adopted the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will be familiar with the laws of your state and will scrutinize your case timeline carefully to avoid administrative mistakes that could cause delays to your claim.