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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps patients who have suffered injuries get compensation for their losses. The common law system regulates medical malpractice claims.

In common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor does not adhere to the accepted medical practices and results in a death or injury the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are expected to follow a set of standards that are accepted by the medical profession as reasonable and prudent when they provide healthcare. When those standards are not met and that failure causes harm or health issues, a patient may have grounds to file a medical malpractice lawsuit.

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

This expert witness can help determine whether the defendant's actions are not in line with the accepted standards in your particular case. The expert will need to examine your medical records and interview or cross-check you to determine this.

You should also be able to establish that the breach of duty caused the injuries. This is known as causation, and it is the third component of a malpractice claim. In most cases you will need a direct cause and effect relationship between the breach of duty and the subsequent injury. For example, a misdiagnosis could result in the wrong medication or treatment being administered, which in turn causes an adverse reaction, like a heart attack.

Breach of Duty

As with all people, are required by law to fulfill a obligation to conduct themselves with reasonable care and with caution. Doctors are held to an elevated standard but because they are medical experts who make life-or-death decisions. The duty of care is outlined in the laws and standards that govern specific kinds of treatments and procedures.

One of the first things that must be proven in a negligence claim is that the defendant owed a duty of care to the plaintiff. It must be established that the defendant violated that duty of care. This means that the doctor did not meet the standards of care in the particular circumstance. The standard of care is typically determined by what a reasonable person would do in the situation. A reasonable driver, for instance, would not run a traffic light.

In a lawsuit involving a malpractice, expert witnesses may be required to testify regarding the standard of care that was not met and the way in which this standard was violated. They can also provide a detailed explanation of the reason for the injury and what could have been done to prevent it from occurring.

Damages

In the United States, physicians are required to have malpractice insurance to cover any loss that may result from medical negligence. To bring an action for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your attorney will establish medically essential costs by examining your medical records, utilizing experts' testimony, and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days that you missed from work due to medical issues, and that these days resulted from the negligence of the defendant.

Non-economic damages can be difficult to prove. You may require the assistance of an expert witness who can provide details of your physical, mental and emotional distress as directly resulting from the defendant's negligence. Other types of non-economic losses include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or your significant other. The lawyer for the defendant will attempt to challenge your non-economic damages through interrogatories and depositions as well as requests for documents and evidence under the oath.

Statute of limitations

Like every state, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. Otherwise the court will decide to dismiss the case. A New York medical malpractice law Firm malpractice attorney who is knowledgeable will be aware of the specifics of these deadlines and will ensure that your claim is filed before the deadlines specified by law.

In the majority of cases, victims of medical malpractice has to file his or her lawsuit within two and a half years of the date when the act or omission of a health care provider resulted in the death or injury. As with all laws this rule has its exceptions. For instance if the error by the health professional was part of an ongoing course of treatment, the 30 month legal "clock" will not start until the treatment is completed or when the patient learns of the diagnosis.

In certain instances the patient may not realize the problem until a considerable time later, medical malpractice law firm for example the case where a foreign body is left within the body after surgery or treatment. For this reason, most states have enacted an idea of law known as the discovery rule which permits injured victims to extend these deadlines under certain circumstances. Your lawyer will be familiar with the rules of your state and will scrutinize the timeline of your case with care to avoid administrative mistakes that could cause delays to your claim.