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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured victims receive compensation for their losses. The legal system that regulates medical malpractice cases is based on common law.

In the common law, doctors must follow a standard of care in treating their patients. If a doctor is found to be in violation of accepted medical practices and results in injury or death, they could be held liable for negligence.

Duty of Care

Medical professionals must follow a set of standards accepted by the medical industry as being reasonable and prudent in providing medical healthcare. A patient could be eligible to file a claim for medical malpractice if the standards aren't met and the breach causes injuries or health problems.

The first part of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider in question, and that the person or entity was obligated to act reasonably. The next step is to prove that a breach of that obligation occurred. This is typically done the use of expert testimony which can provide a objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions were below the accepted standard in your situation. The expert will need to look over your medical records and then interview or testify against you in order to make this decision.

You must be able to demonstrate that the breach directly caused your injury. Causation is a third element in a malpractice lawsuit. In the majority of instances, you'll need to have an exact cause-and-effect link between the breach of duty and the resulting injury. For example, a misdiagnosis could result in the wrong treatment or medication being administered, which in turn causes an adverse reaction, like heart attacks.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to act with the utmost care and caution. Doctors are held to a higher standard, however, because they are medical experts and have the authority to make life-or-death decisions. The responsibility of medical care is described in the rules and regulations that govern specific kinds of treatments and procedures.

In a case of negligence, it is crucial to prove that the defendant was bound by the obligation of taking care of the plaintiff. Then, it must be proved that the defendant did not fulfill 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 reasonable person would do under the circumstances. For instance, a reasonable driver wouldn't run the red light.

In a malpractice case expert witnesses could be needed to testify on the standard of care violated and how the standard 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 risk of losses resulting from medical negligence. To be able to file a claim the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice suit is contingent on how effectively your New York medical malpractice attorney defends your losses. Your lawyer can establish medically necessary expenses by examining 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 have missed from work due to medical conditions, and also the fact that these days were the result of the negligence of the defendant.

Non-economic damages can be difficult to prove. You may require assistance from a professional witness who can detail your physical, mental, and emotional distress as an direct result of defendant's negligence. Other types of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you did with your spouse or your significant other. The lawyer representing the defendant will contest your non-economic losses through interrogatories and depositions as well as demands for documents and declarations under oath.

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 could dismiss it. A New York medical malpractice attorney who is skilled is well-versed in the nuances of these deadlines and ensure that your claim is filed within the deadlines stipulated by law.

In most cases, victims of medical malpractice has to file his or her lawsuit within two and a half years from the date on which the act or omission of a doctor or other health professional caused the injury or death. However, as with all laws, there are a few exceptions to this rule. For instance when the health care provider's error was part of an ongoing course of treatment, the 30 month legal "clock" will not start until the course of treatment is complete or the patient becomes aware of the diagnosis.

In some cases the patient may not recognize the problem until quite a while later, for example the case where a foreign body is left in the body following surgery or treatment. For this reason, most states have enacted the legal concept known as the discovery rule which permits injured victims to extend these deadlines in certain circumstances. Your lawyer is familiar with the laws of your state and will examine your case's timeline carefully to avoid mistakes in the administration that could cause delays to your claim.