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Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are required to follow a certain standard of care when treating patients. If a doctor deviates from the accepted medical norms and results in injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are expected to adhere to a set of standards accepted by the medical industry as being reasonable and prudent in providing medical treatment. If these standards aren't followed and if they cause injuries or health problems the patient could have grounds to file a medical malpractice lawsuit.

The first element in a case of malpractice is to establish that you were a client of the healthcare provider and that they had a duty to act in a fair manner. The next step is to prove that a breach of that duty occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the case.

This expert witness will be able determine if the defendant's actions fall below the accepted standard of care in your particular circumstance. The expert will need to look over your medical records and interview or cross-check you to determine this.

You must also prove that the breach directly caused your injury. Causation is the third factor in a malpractice claim. In the majority of cases, you will require an immediate cause-and-effect connection between the breach of duty and subsequent injury. A misdiagnosis for instance may result in prescribing the wrong medication or treatment being administered. This in turn can cause an adverse reaction such as heart attacks.

Breach of Duty

Physicians, like all other people, have a legal duty to act with reasonable care and be cautious. Doctors are held to an even higher standard due to the fact that they are medical experts who make life-or-death decisions. The obligation of care is defined in the rules and regulations that govern specific kinds of treatments and procedures.

One of the first elements that must be established in a negligence claim 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 obligation of care. This means that the doctor failed to meet the standards of care in the given circumstance. The quality of care is usually determined by what a reasonable person would do in similar circumstances. For instance, a prudent driver would not run an intersection with a red light.

In a malpractice case experts could be required to testify regarding the standard of care violated and the way in which this standard was violated. They can also explain the cause of the injury and what could be 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 negligence. In order to submit a claim for damages, the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of money you will receive from a successful lawsuit for malpractice depends on how your New York medical malpractice lawyer defends your losses. Your lawyer can establish medically essential costs by examining your medical records, using expert testimony and consulting economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days that you missed from work because of medical problems, and proving that these days were due to the defendant's negligence.

Non-economic damages can be difficult to prove. You may require assistance from a professional witness who can explain your physical, mental, and emotional pain as direct result of the defendant's negligence. Loss of consortium is a second kind of non-economic loss. This is the inability to have a loving, sexual relationship with your spouse, or any other significant person as you once did. The attorney representing the defendant will challenge your non-economic damages through interrogatories, depositions, and demands for documents and declarations under the 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. Otherwise the court could dismiss the case. A seasoned New York medical malpractice lawyer is familiar with these nuances and will make sure that your claim is filed by the deadlines set by law.

In the majority of cases, the victim of medical negligence is required to bring a suit within two and a half years from the date the act or omission made by the health professional caused injury or death. As with all laws this law is not without exceptions. If, for instance the error of the health professional was a part of a continual treatment plan, then the "clock" of 30 months won't start until the course of treatment is completed or the patient has been informed of the diagnosis.

Additionally, in certain instances for instance, when a foreign object is left within the body following surgery or treatment, it may not be possible for a patient's to recognize the issue until much later. To solve this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain situations to extend their timeframes. Your lawyer is familiar with the laws of your state and will scrutinize the timeline of your case with care to avoid mistakes in the administration that can derail your claims.