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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help patients who have suffered injuries receive compensation for their losses. The legal system that regulates medical malpractice cases is founded on common law.

In the common law, doctors must observe the highest standards of care when treating their patients. If a doctor is not following the accepted medical norms and causes an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard that are accepted by the medical profession as being reasonable and prudent in providing medical treatment. If those standards are not followed and if they cause injuries or health problems the patient could be able to bring a medical malpractice lawsuit.

The first step in a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider in question, and that the entity or person owed you a duty to act reasonably. You must then prove the breach occurred. This is usually accomplished by the use of expert testimony which can provide a objective analysis and evaluation.

The expert witness can determine if the defendant's actions were below the accepted standard in your particular case. To allow the expert to make this decision, they will need to be able to review your medical records and conduct an examination or interview of you.

You also need to prove that the breach of duty directly caused the injury. Causation is the third factor in a malpractice lawsuit. In most cases, you will require an obvious cause-and effect relationship between the breach of duty and subsequent injury. A misdiagnosis for instance, could lead to prescribing the wrong medication or treatment being given. This can cause an adverse reaction, such as heart attacks.

Breach of Duty

As with all other professionals who are legally obligated to act, doctors also have an obligation to act with care and caution. However doctors are held to a higher standard due to the fact that they are considered medical experts and are able to make life and death decisions. The obligation of care is found 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 owed a duty of care to the plaintiff. Then, it needs to be established that the defendant violated the duty of care. This means that the doctor did not adhere to the standard of care in the particular situation. The standard of care is typically defined by what an average person would do in the same situation. A reasonable driver, for instance, would not run an intersection at a stoplight.

In a malpractice case experts are usually needed to testify about the standards of care and the way in which it was violated. They can also provide what caused the injury and explain how they could have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any losses that may arise due to medical negligence. In order to bring a claim 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 suffering and pain).

The amount of compensation you receive from a successful suit for malpractice depends on how well your New York medical malpractice attorney defends your losses. Your lawyer will prove your medically necessary expenses by examining your medical records, evidence from experts and the assistance of economic experts. In order to establish your loss of earnings, your medical malpractice lawyer must show the number of times you missed work due to your medical conditions and the fact that these absences were due to the negligence of the defendant.

Non-economic losses are more difficult to prove and might require the help of a professional who can testify about your physical, emotional, and mental suffering due to the negligence committed by the defendant. Other forms of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship as you did with your spouse or significant other. The lawyer representing the defendant will contest the non-economic damages you suffer through interrogatories, depositions, and requests for documents and statements under oath.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not the court will not dismiss the case. A New York medical malpractice attorney who is skilled will be well-versed in the nuances of these deadlines. They will also ensure that your claim is submitted before the deadlines set forth by law.

In the majority of cases, a victim of medical negligence is required to make a claim within two-and-a-half years of the date that the act or omission made by an health professional resulted in injury or death. However like with all laws there are some exceptions to this rule. For instance, if the health care provider's error was part of an ongoing course of treatment, the 30-month mandatory "clock" will not begin until the treatment is complete or the patient learns about the diagnosis.

In some cases the patient may not discover the problem until quite a while later for instance, if a foreign body remains in the body following surgery or treatment. In order to address this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain circumstances to extend their timeframes. Your lawyer is well-versed in the laws of your state and will go over the timeline of your case carefully to avoid administrative errors which could delay your claims.