Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help victims get compensation for their losses. The common law system regulates medical malpractice claims.

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

Duty of Care

Medical professionals must adhere to a established set of standards that are regarded by the medical profession as reasonable and prudent when providing medical care. When those standards are not followed and if they cause injuries or health problems the patient may be able to bring a medical malpractice lawsuit.

The first part 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 had a legal obligation to act with reasonable care. Then, you must show the breach of the duty occurred. This is usually done by using expert testimony that can provide a objective analysis and evaluation.

This expert witness can help determine if the defendant's actions were below the standard of care in your case. The expert will need to examine your medical records and also interview or question you in order to determine this.

You also need to prove that the breach of duty directly caused you to experience injuries. Causation is a third element in a malpractice lawsuit. In the majority of instances, you'll require an immediate cause-and-effect connection between the breach of duty and subsequent injury. A misdiagnosis, for example may result in prescribing the wrong medicine or treatment being administered. This can cause an adverse reaction, such as a heart attack.

Breach of Duty

Like all doctors, doctors have a legal obligation to act with diligence and care. Doctors are held to a higher standard however, since they are medical experts and make life-or-death decisions. The obligation of care is outlined in the regulations and laws for specific types of treatments and procedures.

In a negligence case it is important to establish that the defendant had an obligation to take care of the plaintiff. It must be proved that the defendant breached this obligation of care. This means that the doctor did not meet the standards of care appropriate to the circumstances. The quality of care is usually determined by what a normal person would do in similar situations. A reasonable driver, for instance, would not run the traffic light.

In a lawsuit involving a malpractice expert witnesses could be needed to testify on the standard of care violated and the way in which this standard was breached. They can also provide what caused the injury and what could have prevented it.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect against potential losses that may arise due to medical negligence. To be able to file a claim the plaintiff will need to prove both financial losses (such medical expenses and lost wages), as well as noneconomic losses (such pain and suffering).

The amount of compensation you receive from a successful malpractice suit depends on how well your New York medical malpractice attorney will argue for your losses. Your attorney will establish medically essential costs by examining your medical records, using expert testimony, and collaborating with economic experts. Your medical malpractice lawyer must prove the loss of your earnings by proving the number of days you were absent from work due to medical conditions, and also that these days were due to the defendant's negligence.

Non-economic losses can be more difficult to prove and could require the assistance of a professional who will give evidence about your physical, emotional and mental pain due to the negligent actions of the defendant. Loss of consortium is another type of non-economic harm. This is the inability to maintain a romantic, sexual connection with your spouse or other significant person in the same way you used to. The lawyer for the defendant will contest your non-economic damages through the use of interrogatories, depositions, as well as requests for documents and sworn testimony.

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 dismiss it. A New York medical malpractice attorney who is experienced will be aware of the nuances of these deadlines. They will also ensure that your claim is filed prior to the deadlines specified by law.

In the majority of cases, victims of medical malpractice must file his or her lawsuit within two and a half years from the date on which the act or omission of a healthcare professional caused the injury or death. However as with all laws, there are a few exceptions to this rule. If, for instance the error made by the health professional was part of a ongoing course of treatment, the "clock" of 30 months cannot begin until the treatment has been completed or the patient is informed of the diagnosis.

In some cases it is possible that a patient will not discover the problem until a long time after for instance, if a foreign body remains in the body following surgery or treatment. To deal with this issue, a majority of states have embraced what is known as the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will be aware of specific rules in your state and will look over your case's timeline in order to avoid administrative errors that could delay your claim.