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Why You Need a Medical Malpractice Lawyer

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

In common law, doctors are required to follow 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, he may be liable for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards that are accepted by the medical profession as reasonable and prudent in providing medical care. A patient may be legally able to bring a lawsuit for medical malpractice if the standards aren't adhered to and the result is injuries or health complications.

The first element in a case of malpractice is to prove that you were a patient of the healthcare provider and that they were bound to act in a reasonable manner. The next step is to prove that the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and assessment of the situation.

The expert witness will help determine whether the defendant's actions were below the standard of care in your case. To allow the expert to determine this they must be able to review your medical records and conduct an examination or interview of you.

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

Breach of Duty

Like all doctors medical professionals, doctors are under a legal obligation to act with diligence and care. Doctors are held to a higher standard due to the fact that they are medical experts and have the authority to make life-or-death decisions. The duty of care is set 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. 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 this particular situation. The standard of care is generally determined by what a reasonable person would do in the situation. For example the reasonable driver would not speed through a red light.

In a malpractice case experts are usually needed to testify about the standard of care and the way in which it was violated. They can also discuss how the injury occurred and what could be done to prevent it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical malpractice law firm negligence. To make a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount you receive in a successful lawsuit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your attorney can establish medically necessary expenses by examining your medical records, using experts' testimony, and consulting economic experts. For the loss of your earnings your medical malpractice lawyer must also show the number of times you were off work because of your medical condition and also the fact that these days off work were the result of the defendant's negligence.

The non-economic loss can be more difficult to prove and could require the help of a professional who can provide evidence of your physical, emotional and mental distress as a result of the negligence committed by the defendant. Other forms of non-economic damages include loss of consortium, medical which is an inability to maintain a loving and sexual relationship like you used to with your spouse or significant other. The lawyer representing the defendant will contest the non-economic damages you suffer through interrogatories and depositions as well as demands for documents and declarations under oath.

Statute of Limitations

In New York, as with every state, there are certain time frames - also known as statutes of limitation within which a medical malpractice lawsuit must be filed, or otherwise it could be dismissed by the courts. A New York medical malpractice attorney who has experience will be well-versed in the nuances of these deadlines. They will also ensure that your claim is filed within the deadlines set by law.

In the majority of cases, the victim of medical negligence has to file a lawsuit within two-and-ahalf years from the date the act or omission committed by an health professional resulted in the injury or death. As with all laws this one is not without exceptions. If, for instance, the error of the health care provider was a part of a continual course of treatment, medical then the "clock" of 30 months will not start until the treatment is completed or the patient has been informed of the diagnosis.

Additionally, in some cases, such as when a foreign object is found inside the body after surgery or treatment, it might not be possible for a patient's to recognize the issue until much later. For this reason, most states have adopted an idea of law known as the discovery rule, which allows injured victims to extend these deadlines in certain situations. Your lawyer is aware of the rules of your state and will review your case's timeline carefully to avoid administrative errors that could cause delays to your claim.