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Why You Need a Medical Malpractice Lawyer

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

Under common law, doctors are required to follow a certain standard of care when treating patients. If a doctor is found to be in violation of accepted medical practices and results in injury or death, then he could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as reasonable and prudent in their treatment. A patient may be legally able to bring a lawsuit for medical malpractice if the standards aren't met and the breach causes injuries or health problems.

The first element of 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 was bound to act with reasonable care. 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 case.

This expert witness can help determine whether the defendant's actions were not in line with the accepted standards in your specific case. The expert will need to review your medical records, and then interview or testify against you to arrive at this conclusion.

You must also show that the breach directly caused your injury. This is known as causation and it is the third element in a malpractice claim. In the majority of cases, you will need to have an immediate cause-and-effect connection between the breach of duty and the resulting injury. A misdiagnosis, for example, could lead to prescribing the wrong medication or treatment being given. This can cause an adverse reaction such as a heart attack.

Breach of Duty

Like all doctors physicians, doctors are legally bound by an obligation to exercise diligence and care. However doctors are held to an even higher standard since they are considered medical experts and are able to make life and death decisions. The obligation of care is defined in the rules and regulations that apply to certain kinds of treatments and procedures.

In a negligence case, it is important to establish that the defendant owed a duty to care for the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor did not adhere to the standard of care appropriate to the circumstances. The standard of care is usually determined by what a typical person would do in the same circumstances. A reasonable driver, for example, would not run a traffic light.

In a malpractice case expert witnesses could be required to testify regarding the standard of care violated and how this standard was breached. They can also provide a detailed explanation of how the injury was caused and what could have been done to avoid it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any potential loss that may result from medical negligence. In order to file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) as well as non-economic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney fights for your losses. Your attorney will be able to prove your medically necessary expenses through a review of your medical malpractice law firms records, the testimony of experts and the use of economic experts. In order to prove your loss of earnings your medical malpractice lawyer has to show the number of times you were away from work due to medical issues and the fact that these missed work days were due to the negligence of the defendant.

Non-economic damages are more difficult to prove. You may require assistance from an expert witness who can detail your mental, physical, and emotional pain as direct result of the defendant's negligence. 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 your significant other. The lawyer representing the defendant will contest the non-economic damages you suffer through a process of depositions, interrogatories, and requests for documents and statements under swearing.

Statute of Limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. Otherwise the court will not dismiss the case. A New York medical malpractice attorney who is experienced will be aware of the specifics of these deadlines and ensure that your claim is submitted before the deadlines specified by law.

In most instances, the victim of medical malpractice must file his or her lawsuit within two and a half years from the date at which the act or omission of a healthcare professional caused the injury or death. As with all laws this law is not without exceptions. If, for instance, the error made by the health professional was a part of a continual course of treatment, then the "clock" of 30 months will not begin until the course of treatment is completed or the patient is informed of the diagnosis.

In some instances for instance, when an object that is foreign remains in the body following surgery or treatment, it might not be possible for a patient or patient's family to determine the issue until much later. Because of this, many states have adopted a legal concept called the discovery rule that allows injured victims to extend deadlines under certain circumstances. Your attorney will know the specific laws in your state, and will carefully review your case timeline to ensure that there are no administrative mistakes that could impede your claim.