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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 regulates medical malpractice lawsuits.

In the common law, doctors are expected to adhere to a certain standard of care when treating patients. If a physician violates accepted medical practice and causes injury or death, then he may be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard that are accepted by the medical profession as reasonable and prudent when they provide healthcare. If those standards are not followed and the result is injuries or health issues patients may have grounds to file a medical malpractice lawsuit.

The first element in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they had a duty to act in a fair manner. The next step is to prove that the breach occurred. This is usually done through the use of expert testimony that can provide an objective analysis and assessment of the situation.

The expert witness will be able help determine whether or not the defendant's actions fall below the accepted standard of care in the particular case. To enable the expert to make this determination, they will need to be able to review your medical records and conduct an examination or interview of you.

You must also demonstrate that the breach directly caused your injury. This is known as causation, and it is the third requirement of a negligence claim. In most cases, you will require an obvious cause-and effect relationship between the breach of duty and subsequent injury. For instance, a mistake in diagnosis could lead to the wrong medication or treatment being administered, which could result in an adverse reaction such as a heart attack.

Breach of Duty

Like all people, are required by law to fulfill a obligation to behave with reasonable care and prudence. However, doctors are held to an even more stringent standard because they are considered medical experts and deal with life and death decisions. The duty of care is set in the rules and regulations that apply to certain types of procedures and treatments.

In a case of negligence it is important to establish that the defendant owed the duty of care for the plaintiff. It must be proven that the defendant did not fulfill this duty of care. This means that the doctor did not live up to the standard of care appropriate to the circumstances. The standard of care is typically determined by what a normal person would do under similar circumstances. A reasonable driver, for example would not use a traffic light.

In a malpractice case expert witnesses are often needed to testify on the standard of care and the manner in which it was breached. They can also provide a detailed explanation of the cause of the injury and what could have been done to prevent it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. In order to bring an action 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 suffering and pain).

The amount of money you will receive from a successful malpractice lawsuit is contingent upon how your New York medical malpractice lawyer defends your losses. Your lawyer can prove your medically necessary expenses by examining your medical records, testimony from experts as well as the assistance of economic experts. Your medical malpractice lawyer must prove your lost earnings by proving the number of days you were absent working due to medical malpractice lawyers issues, and the reason for these absences resulted from the defendant's negligence.

Non-economic damages are more difficult to prove. You may require assistance from an expert witness who can explain your physical, mental and emotional suffering as directly resulting from the defendant's negligence. Loss in consortium is another type of non-economic harm. It is the inability to enjoy an intimate relationship with your spouse or other significant individual as you used to. The lawyer for the defendant will contest your noneconomic damages by way of interrogatories and depositions along with requests for documents or sworn statements.

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 decide to dismiss it. A New York medical malpractice attorney who has experience is well-versed in the specifics of these deadlines. They will also ensure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, the victim of medical negligence has to file a lawsuit within two-and-ahalf years from the time the act or omission of a health care provider resulted in the death or injury. However as with all laws there are some exceptions to this rule. For instance if the error made by the health care professional was part of an ongoing course of treatment, the 30-month mandatory "clock" will not begin until the course of treatment is completed or when the patient learns of the diagnosis.

In some cases patients may not be aware of the issue until a long time after for instance the case where a foreign body is left within the body after surgery or treatment. 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 lawyer is aware of the rules of your state and will review your case's timeline carefully to avoid any administrative errors that could cause delays to your claim.