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Why You Need a Medical Malpractice Lawyer

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

In common law, doctors must follow a standard of care in treating their patients. If a doctor violates accepted medical procedures and causes injury or death, they could be held accountable for negligence.

Duty of Care

Medical professionals are required to adhere to a set of standards accepted by the medical industry as reasonable and prudent when they provide care. A patient could be legally able to bring a lawsuit for medical malpractice if the standards aren't followed and the result is injury or health complications.

The initial step of a malpractice claim involves establishing that you had an arrangement with a doctor-patient healthcare provider in question and that the person or entity owed you a duty to act in a reasonable manner. Then, you have to prove the breach of the duty occurred. This is typically done an expert witness that can provide a objective analysis and evaluation.

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

It is also necessary to prove that the breach of duty directly caused the injury. Causation is the 3rd element in a malpractice claim. In most cases you will require a direct cause & result connection between the breach of duty and the resulting injury. A misdiagnosis, for instance one, could result in the wrong medication being prescribed or treatment being administered. This in turn can cause an adverse reaction such as a heart attack.

Breach of Duty

Like all individuals, have a legal obligation to exercise reasonable care and with caution. However doctors are held to an even higher standard because they are medical experts and deal with life and death decisions. The duty of care is found in the laws and standards that govern specific types of treatment and procedures.

In a negligence case, it is vital to prove that the defendant had the obligation of taking care of the plaintiff. Then, it must be established that the defendant did not fulfill that duty of care. This means that the doctor failed to live up to the standard of care applicable to the situation. The quality of care is usually determined by what a reasonable person would do under the circumstances. A reasonable driver, medical malpractice Law firms for example, would not run an intersection at a stoplight.

In a malpractice case expert witnesses are often needed to testify about the standard of care and the manner in which it was breached. They can also describe the reason for the accident and what could have prevented it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to protect against potential losses that might arise from medical negligence. To file a lawsuit, 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 suit depends on the way in which your New York medical malpractice lawyer defends your losses. Your attorney will establish medically required costs by looking over your medical records, utilizing expert testimony and consulting economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the number of days that you missed working due to medical complications, and the fact that these days resulted from the negligence of the defendant.

Non-economic losses are more difficult to prove and could require the help of a professional who will be able to testify about your physical, emotional, and mental distress because of the negligence committed by the defendant. Other kinds 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 attorney representing the defendant will challenge the non-economic damages you suffer through a process of interrogatories, depositions and requests for documents and statements under oath.

Statute of limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice case can be filed. Otherwise the court will not dismiss the case. A New York medical malpractice attorney who has experience will be well-versed in the specifics of these deadlines. They will also ensure that your claim is submitted before the deadlines set by law.

In the majority of cases, a victim of medical malpractice must present a lawsuit within two and a half years from the date at which the negligence or act of a health care provider resulted in the death or injury. However as with all laws there are some exceptions to this rule. If, for instance, the error made by the health care provider was part of a continuing course of treatment, the "clock" of 30 months will not start until the treatment is completed or the patient is informed of the diagnosis.

Additionally, in certain situations for instance, when a foreign object is left in the body after surgery or treatment, it might not be possible for a patient or patient's family to determine that there was a problem until much later. For this reason, most states have enacted a legal concept called the discovery rule that allows injured victims to extend these deadlines in certain circumstances. Your lawyer will be aware of the specific laws of your state and will carefully look over your case's timeline in order to avoid administrative errors that could impede your claim.