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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

Under common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor deviates from accepted medical practice and it results in injury or death it could be liable for negligence.

Duty of Care

Medical professionals must follow a set of standards accepted by the medical industry as reasonable and prudent in providing medical care. If these standards aren't followed and if they cause injuries or health problems, a patient may be able to file a medical malpractice lawsuit.

The first part of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question and that the person or entity was bound to act in a reasonable manner. You then need to prove that the breach occurred. This is usually done by the use of expert testimony which can provide an objective analysis and evaluation.

The expert witness will be able to determine if the defendant's actions are in violation of the accepted standard of care in your particular situation. To allow the expert to make this decision, they will need to be able to examine your medical records and conduct an examination or interview of you.

You must also be able to establish that the breach of duty caused you to experience injuries. Causation is the third factor in a malpractice lawsuit. In the majority of cases, you'll require a direct cause & result relationship between the breach of duty and the resulting injury. A misdiagnosis for instance may result in the wrong medication being prescribed or treatment being given. This in turn can result in an adverse reaction such as heart attacks.

Breach of Duty

As with all people, are legally bound by a obligation to exercise reasonable care and caution. However, doctors are held to an even more stringent standard because they are medical experts who make life and death decisions. The obligation of care is defined in the law and standards that are situated for specific kinds of treatments and procedures.

In a case of negligence, it is essential to establish that the defendant owed a duty to care for the plaintiff. Then, it must be established that the defendant breached that duty of care. This means that the doctor did not perform to the required standard of care for the situation. The standard of care is typically defined by what an average person would do in the same circumstances. A reasonable driver, for example would not operate the traffic light.

In a malpractice case, expert witnesses are typically required to testify about the standard of care and how it was violated. They can also explain how the injury was caused and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such pain and suffering).

The amount of compensation received from a successful malpractice case is contingent on how your New York medical malpractice lawyer can argue for your losses. Your attorney will establish medically necessary costs by reviewing your medical records, utilizing expert testimony and consulting economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days you were absent from work due your medical problems, and proving the fact that these days resulted from the negligence of the defendant.

Non-economic losses can be more difficult to prove and could require the assistance of a professional who can give evidence about your physical, emotional, and mental distress because of the negligent actions of the defendant. Loss of consortium is a second type of non-economic harm. This is the inability to have a loving, sexual relationship with your spouse or another significant individual as you used to. The defendant's attorney will challenge the non-economic damages you suffer through a process of interrogatories and depositions as well as requests for documents and evidence under oath.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. Otherwise the court will decide to dismiss it. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure your claim is filed before the deadlines stipulated by law.

In most instances, the victim of medical malpractice has to make a claim within two and a half years from the date that the act or omission of a health care provider resulted in the death or injury. As with all laws, this law is not without exceptions. For instance when the error of the health care provider was part of a continuous course of treatment, the 30 month legally required "clock" will not begin until the treatment is complete or the patient learns of the diagnosis.

Additionally, in certain instances for instance, when a foreign object is found within the body following surgery or treatment, it may not be possible for a patient or patient's family to determine the issue until much later. In this regard, a majority of states have enacted an idea of law known as the discovery rule, which allows injured victims to extend these deadlines under certain circumstances. Your attorney will be familiar with the laws of your state and will review the timeline of your case with care to avoid mistakes in the administration which could delay your claims.