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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps victims get compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors must adhere to the highest standards of care when treating their patients. If a doctor does not adhere to accepted medical malpractice law firms practice and results in injury or death they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as sensible and prudent in providing treatment. If these standards aren't met and that failure causes injuries or health issues the patient may be able to file a medical malpractice lawsuit.

The first part of a malpractice claim involves establishing that you had a doctor-patient relationship with the healthcare provider and that the entity or person was bound to act reasonably. The next step is to prove that a breach of that duty occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the situation.

The expert witness can determine whether the defendant's actions fell below the accepted standard in your specific case. The expert will review your medical records, and interview or cross-check you in order to make this decision.

It is also necessary to establish that the breach of duty caused you to suffer injuries. This is known as causation and it is the third element in a negligence claim. In most cases, you'll require a direct cause & result relationship between the breach of duties and the resulting injury. A misdiagnosis for instance one, could result in prescriptions for the wrong drug or treatment being administered. This could result in an adverse reaction such as heart attacks.

Breach of Duty

Doctors, just like other individuals, have a legal obligation to exercise reasonable care and caution. However doctors are held to a higher standard due to the fact that they are considered experts in medicine who make life and death decisions. The obligation of care is defined in the rules and regulations that govern specific kinds of treatments and procedures.

One of the most important elements that must be established in a negligence case is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant did not fulfill this duty of care. This means that the doctor failed to meet the standards of care in the specific circumstance. The standard of care is typically determined by what an ordinary person would do in the same situation. For example an honest driver would not speed through a red light.

In a case of negligence, expert witnesses are typically required to testify on the standard of care and the way in which it was violated. They can also describe the reason behind the injury and what could have prevented it.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the potential losses that could result from medical negligence. To file 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 pain and suffering).

The amount you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your attorney can establish your medically necessary expenses through a review your medical records, the testimony of experts, and the use of economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days you were absent from work due to medical issues, and the reason for these absences were a result of the defendant’s negligence.

The non-economic loss can be more difficult to prove and might require the assistance of a professional who can give evidence about your physical, emotional, and mental suffering as a result of negligence committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or significant other. The defendant's attorney will challenge the non-economic damages you suffer through interrogatories and depositions as well as requests for documents and statements under oath.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise, the court will dismiss the case. A New York medical malpractice attorney who is experienced will be well-versed in the specifics of these deadlines and will ensure that your claim is filed before the deadlines set by law.

In most cases, the victim of medical negligence has to be able to file a lawsuit within two and a half years from the date the act or omission committed by the health professional resulted in the death or injury. As with all laws this law is not without exceptions. For instance, if the error of the health care provider was part of a continuous course of treatment, then the "clock" of 30 months won't start until the course of treatment has been completed or the patient has been informed of the diagnosis.

In some cases it is possible that a patient will not discover the problem until a considerable time later for instance when a foreign object is left in the body following surgery or treatment. In this regard, a majority of states have enacted an idea of law known as the discovery rule which permits injured victims to extend these deadlines in certain circumstances. Your attorney will know the specific laws in your state, and will carefully go over the timeline of your case to ensure that there are no administrative mistakes that could delay your claim.