Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In common law, doctors must adhere to a standard of care in treating their patients. If a physician violates accepted medical practices and results in death or injury, they may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized 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 the patient could be able to file a medical malpractice lawsuit.

The first step in a case of malpractice is to establish that you were a patient of the healthcare provider and that they had a duty to act reasonably. Then, you have to prove the breach of the duty occurred. This is usually done through the use of experts who can provide an objective analysis and assessment of the situation.

This expert witness will determine if the defendant's actions are in violation of the standard of care that is accepted in the particular case. The expert will look over your medical records and interview or cross-check you in order to determine this.

You must be able to establish that the breach directly led to your injury. Causation is a third element in a malpractice claim. In the majority of cases, you will need to have an exact cause-and-effect link between the breach of duty and the resulting injury. For instance, a wrong diagnosis could lead to the wrong medication or treatment being administered, which can result in an adverse reaction, such as heart attacks.

Breach of Duty

Physicians, like all other people, have a legal obligation to exercise reasonable care and with caution. However, doctors are held to a more stringent standard because they are considered experts in medicine and are able to make life and death decisions. The duty of care is outlined in the regulations and laws for specific kinds of treatments and procedures.

One of the first elements to be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. It must be proved that the defendant did not fulfill that duty of care. This means that the doctor failed to adhere to the standard of care in the particular situation. The quality of care is usually determined by what an ordinary person would do in the same situation. For instance, Medical Malpractice a reasonable driver would not stop at the red light.

In a case of negligence, experts are often required to testify regarding the standard of care and how it was violated. They can also describe the reason for the injury and what could have been done to prevent it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical malpractice lawsuit negligence. To be able to file a claim the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful lawsuit for malpractice depends on how your New York medical malpractice lawyer can argue for your losses. Your lawyer will determine your medically required expenses by examining your medical records, evidence from experts, and the use of economic experts. In order to prove your loss of earnings the medical malpractice lawyer must also prove the number of days you were off work due to your medical issues and the fact that the absences were due to the defendant's negligence.

Non-economic damages can be difficult to prove. You may need assistance from an expert witness who can describe your mental, physical, and emotional suffering as an direct result of defendant's negligence. Loss in consortium is another kind of non-economic loss. It is the inability to enjoy a loving, sexual relationship with your spouse or another significant person as you used to. The lawyer for the defendant will contest your noneconomic damages by way of interrogatories and depositions as well as requests for medical malpractice documents and sworn statements.

Statute of limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. Otherwise the court could dismiss the case. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure that your claim is filed before the deadlines set by law.

In most cases, victims of medical malpractice must make a claim 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 like all laws there are a few exceptions to this rule. If, for instance the error made by the health care provider was part of a continuous treatment plan, then the "clock" of 30 months won't start until the course of treatment is completed or the patient is informed of the diagnosis.

In certain instances patients may not be aware of the issue until a considerable time later for instance in the event that a foreign substance is left in the body following surgery or treatment. In order to solve this issue, the majority of states have adopted what is known as the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will be familiar with the rules of your state and will scrutinize your case's timeline carefully to avoid mistakes in the administration that can derail your claims.