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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims get compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

Under common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor does not adhere to the accepted medical practices and causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as being reasonable and prudent when providing care. A patient might be in a position to file a lawsuit for medical malpractice if the standards aren't met and the breach causes injuries or health complications.

The first thing to do in a case of malpractice is to prove 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 occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

The expert witness will help determine if the defendant's actions were not in line with the accepted standards in your particular case. To enable the expert to make this decision, they will need to be able review your medical records and conduct an examination or interview with you.

You must also show 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 cases, you will require an obvious cause-and effect relationship between the breach of duty and the resulting injury. A mistake in diagnosis, for instance one, could result in prescriptions for the wrong drug or treatment being given. This in turn can cause an adverse reaction such as heart attacks.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to exercise the utmost care and caution. Doctors are held to an even higher standard however, since they are medical experts and have the authority to make life-or-death decisions. The duty of care is outlined in the regulations and laws for specific types of treatments and procedures.

In a negligence case, it is essential to establish that the defendant had the duty of care for the plaintiff. Then, it must be established that the defendant violated that duty of care. This means that the doctor did not meet the standards of care in the given situation. The standard of care is typically determined by what a normal person would do in similar situations. A reasonable driver, for instance will not go through a traffic light.

In a case of malpractice, expert witnesses are often needed to testify regarding the standard of care and the manner in which it was breached. They can also describe the reason behind the accident and what could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any losses that might arise due to medical negligence. To be able to file a claim the plaintiff will need to prove both financial losses (such medical malpractice attorney expenses and lost wages), as well as non-economic losses (such pain and suffering).

The amount you receive from a successful malpractice suit is contingent upon how well your New York medical malpractice attorney defends your losses. Your lawyer can determine your medically required expenses through a review your medical records, testimony from experts and the use of economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the amount of days you have missed from work due to medical complications, and that these missed days were due to the negligence of the defendant.

Non-economic damages can be difficult to prove. You may require the assistance of a professional witness who can provide details of your mental, physical, and emotional pain as a direct result of the defendant's negligence. Loss of consortium is a second type of non-economic injury. It is the inability to enjoy an intimate relationship with your spouse or any other significant person like you used to. The lawyer representing the defendant will contest your non-economic losses through a process of interrogatories, depositions, and requests for documents and statements under the oath.

Statute of Limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. Otherwise, the court will dismiss the case. A seasoned New York medical malpractice attorneys malpractice lawyer is aware of these specifics and will make sure that your claim is filed before the deadlines established by law.

In the majority of cases, the victim of medical negligence has to make a claim within two-and-a-half years from the time the act or omission of the health professional resulted in death or injury. However like with all laws there are some exceptions to this rule. For instance, if the error made by the health care professional was part of a continuous course of treatment, the 30 month mandatory "clock" will not start until the course of treatment is completed or when the patient becomes aware of the diagnosis.

In certain instances patients may not recognize the problem until a long time later, for example, if a foreign body remains within the body after surgery or treatment. To solve this issue, the majority of states have embraced the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your attorney will be aware of specific rules of your state, and will carefully review your case timeline to avoid any administrative errors which could cause delays to your claim.