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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims get compensation for their losses. The common law system regulates medical malpractice claims.

According to common law, doctors are expected to adhere to a certain level of care when treating patients. If a doctor is found to be in violation of accepted medical practices and results in injury or death, the doctor could be held liable for negligence.

Duty of Care

Medical professionals must adhere to set standards that are accepted by the medical profession as reasonable and prudent in providing medical care. If the standards aren't adhered to and the failure results in injury or health complications, a patient may be able to bring a medical malpractice lawsuit.

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

This expert witness can help determine whether the defendant's actions fell below the standard of care in your case. The expert will review your medical records, and medical malpractice lawsuit also interview or question you in order to arrive at this conclusion.

You must also be able to prove that the breach of duty caused you to experience injury. This is known as causation, and it is the third element in a negligence claim. In the majority of cases, you will need to have a direct cause-and-effect relationship between the breach of duty and the resulting injury. A misdiagnosis for instance may result in prescribing the wrong medication or treatment being administered. This in turn can cause a negative reaction such as a heart attack.

Breach of Duty

Just like everyone else physicians, doctors are legally bound by an obligation to exercise diligence and care. Doctors are held to an elevated standard however, since they are medical experts who make life-or-death decisions. The duty of care is outlined in the regulations and standards that govern specific kinds of treatments and procedures.

In a negligence case, it is vital to prove that the defendant had the duty of care for the plaintiff. Then, it needs to be established that the defendant violated that duty of care. This means that the doctor did not meet the standards of care applicable to the situation. The quality of care is usually determined by what a reasonable person would do in the situation. For instance, a reasonable driver would not run a red light.

In a case of malpractice, expert witnesses are typically required to testify regarding the standard of care and the manner in which it was breached. They can also provide what caused the injury and what could have prevented it from happening.

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 lawsuit, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) as well as non-economic losses (such suffering and pain).

The amount of money you will receive from a successful malpractice lawsuit is contingent on the way in which your New York medical malpractice lawyer can argue for your losses. Your attorney can prove your medically necessary expenses through a review your medical records, testimony from experts and the use of economic experts. For medical malpractice lawsuit the loss of your earnings your medical malpractice lawyer should also establish the number of days you were away from work due to your medical condition and also the fact that these missed work days were due to the defendant's negligence.

The non-economic damages may be more difficult to prove. You may require assistance from an expert witness who can detail your physical, mental and emotional pain that is an direct result of defendant's negligence. Loss of consortium is a second type of non-economic damage. This is the inability of having an intimate, sexual relationship with your spouse, or any other significant person in the same way you used to. The lawyer representing the defendant will contest your non-economic damages through 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 met before a medical malpractice lawsuit can be filed. Otherwise the court will decide to dismiss the case. An experienced New York medical malpractice lawyer is aware of these specifics and will make sure that your claim is filed prior to the deadlines set by law.

In most cases, victims of medical malpractice must file his or her lawsuit within two and a half years from the date when the act or omission of a health care provider resulted in the death or injury. However, as with all laws, there are a few exceptions to this rule. For instance in the event that 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 completed or until the patient learns of the diagnosis.

In certain instances, a patient may not realize the problem until a long time after, for example when a foreign object is left in the body following surgery or treatment. For this reason, most states have adopted the legal concept of discovery rule, which allows injured victims to extend deadlines in certain instances. Your attorney will be aware specific laws of your state and carefully review your case timeline to avoid administrative errors which could cause delays to your claim.