Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured victims get compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In the common law, doctors must observe a standard of care in treating their patients. If a doctor violates accepted medical practices and causes injury or death, the doctor may be held responsible for negligence.

Duty of Care

Medical professionals are required to follow a set of standards accepted by the medical malpractice law industry as being prudent and reasonable when providing treatment. If the standards aren't followed and if they cause injuries or health problems the patient could have grounds to file a medical malpractice lawsuit.

The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider in question and that the person or entity was bound to act with reasonable care. Then, you must show that the breach of this duty occurred. This is usually accomplished by expert testimony that can provide a objective analysis and evaluation.

This expert witness will determine if the defendant's actions were below the accepted standard of care in the particular case. The expert will need to look over your medical records and interview or cross-check you in order to make this determination.

You must also demonstrate that the breach directly led to your injury. This is known as causation and it is the third component of a negligence claim. In the majority of instances, you'll require a direct cause-and-effect relationship between the breach of duty and the resulting injury. A mistake in diagnosis, for instance one, could result in the wrong medication being prescribed or treatment being administered. This in turn can cause an adverse reaction such as a heart attack.

Breach of Duty

Like everyone else physicians, doctors are legally bound by an obligation to act with the utmost care and caution. Doctors are held to a higher standard, however, because they are medical experts who make life-or-death decisions. The duty of care is set in the laws and standards that are situated for specific types of treatments and procedures.

One of the first things that must be proven in a negligence case 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 adhere to the standard of care appropriate to the circumstances. The standard of care is usually defined by what an average person would do in similar situations. A reasonable driver, for example will not go through an intersection at a stoplight.

In a lawsuit involving a malpractice, expert witnesses may be needed to testify on the standard of care that was not met and the way in which this standard was violated. They can also explain 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 losses that may arise from medical negligence. In order to bring an action for damages the plaintiff has to prove actual financial losses (such as medical malpractice case expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount you receive from a successful malpractice lawsuit is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your attorney can establish the medically necessary costs by reviewing your medical records, medical malpractice claim using expert testimony and consulting economic experts. Your medical malpractice lawyers malpractice lawyer must prove that you lost your earnings by proving the amount of days you were away from work due your medical issues, and that these days resulted from the defendant's negligence.

Non-economic damages can be difficult to prove. You may require the assistance of an expert witness who can describe your physical, mental, and emotional pain as an direct result of defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship like you used to with your spouse or significant other. The defendant's lawyer will challenge your non-economic damages with the help of interrogatories, depositions, and requests for documents or sworn statements.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not the court will not dismiss the case. A New York medical malpractice attorney who has experience will be aware of the specifics of these deadlines, and will ensure that your claim is filed within the deadlines set by law.

In most cases, victims of medical malpractice law malpractice has to file his or her lawsuit within two and a half years of the date when the negligence or act of a medical professional caused the injury or death. Like all laws, this rule has its exceptions. For instance in the event that the error by the health professional was part of an ongoing course of treatment, the 30-month legal "clock" will not begin until the treatment is complete or the patient learns of the diagnosis.

In certain instances, a patient may not discover the problem until a long time later, for example in the event that a foreign substance is left in the body following surgery or treatment. This is why many states have enacted the legal concept of discovery rule, which allows injured victims to extend deadlines in certain circumstances. Your attorney will be aware specific laws in your state and carefully review your case timeline to avoid administrative errors that can derail your claim.