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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims receive compensation for their losses. The common law system governs medical malpractice claims.

In common law, doctors must observe the standard of care when treating their patients. If a doctor does not adhere to the accepted medical norms and causes an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as being prudent and reasonable when they provide treatment. If those standards are not followed and if they cause injury or health complications, a patient may be able to file a medical malpractice lawsuit.

The first element in a case of malpractice is to prove that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable manner. Then, you have to prove that the breach of this obligation occurred. This is usually done using expert testimony that can provide an objective analysis and evaluation.

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

You should also be able to prove that the breach of duty caused you to experience injury. Causation is the third factor in a claim for malpractice. In the majority of cases, you will need a direct cause and effect relationship between the breach of duties and the resulting injury. A misdiagnosis, for example one, could result in prescribing the wrong medication or treatment being administered. This in turn can cause an adverse reaction, such as heart attacks.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to act with care and prudence. However doctors are held to an even higher standard because they are medical experts who make life and death decisions. The duty of care is found in the regulations and laws for specific types of treatments and procedures.

In a negligence case it is essential to establish that the defendant owed an obligation to take care of the plaintiff. It must be established that the defendant violated this obligation of care. This means that the doctor did not meet the standards of care in this particular situation. The standard of care is typically determined by what a normal person would do under the same situation. For example, a reasonable driver would not speed through the red light.

In a malpractice case experts are often required to testify about the standard of care and the way in which it was violated. They can also provide a detailed explanation of how the injury was caused and what could have been done to avoid it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To be able to file a claim the plaintiff will need to prove both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney argues for your losses. Your attorney can establish your medically necessary expenses through a review of your medical malpractice attorneys records, evidence from experts as well as the assistance of economic experts. For your loss of earnings the medical malpractice lawyer should also show the number of times you were off work due to medical conditions and the fact that these days off work were due to the defendant's negligence.

Non-economic damages are more difficult to prove. You may need the assistance of a professional witness who can detail your physical, mental, and emotional pain as direct result of the defendant's negligence. Loss of consortium is another type of non-economic damage. It is the inability to have an intimate, sexual relationship with your spouse or any other significant person like you used to. The defendant's attorney will challenge your non-economic losses through a process of interrogatories, depositions, and requests for documents and statements under swearing.

Statute of limitations

In New York, as with every state, there are specific time limits - commonly known as statutes of limitations within which a medical malpractice lawsuit must be filed, or else it will be dismissed by the courts. A New York medical malpractice attorney who has experience will be well-versed in the nuances of these deadlines and ensure that your claim is filed within the deadlines set by law.

In the majority of cases, victims of medical malpractice has to make a claim within two and a half years of the date that the negligence or act of a health care provider resulted in the death or injury. As with all laws this law is not without exceptions. If, for instance the error committed by the health care provider was a part of a continual course of treatment, then the "clock" of 30 months cannot begin until the course of treatment has been completed or the patient is informed of the diagnosis.

In some instances like when a foreign object is left inside the body after surgery or treatment, it may not be possible for a patient to discover that there was a problem until much later. To tackle this issue, the majority of states have adopted what is known as the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your lawyer will be aware of the specific rules in your state and carefully review your case timeline to avoid administrative errors that could impede your claim.