Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help patients who have suffered injuries get compensation for their losses. The legal system that governs medical malpractice cases is built on common law.

According to common law, doctors are required to follow a certain standard of care when treating patients. If a doctor violates accepted Medical malpractice Law firm practice and results in injury or death, they may be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set standard accepted by the medical industry as being prudent and reasonable when they provide treatment. Patients may be in a position to file a lawsuit for medical malpractice if the standards aren't adhered to and the failure results in injury or health complications.

The first step in a malpractice case is to establish that you were a patient of the healthcare provider and that they had a duty to act in a fair manner. Then, you need to prove that the breach of that duty occurred. This is usually done expert testimony that can provide a objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions fell below the standard of care in your case. In order for the expert to determine this they must be able to review your medical records and conduct an examination or interview with you.

You should also be able to prove that the breach of duty caused you to suffer injuries. Causation is the 3rd element in a claim for malpractice. In most cases you will require a direct cause & result connection between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being administered and that could result in an adverse reaction such as heart attacks.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to exercise care and prudence. However, doctors are held to a higher standard since they are considered experts in medicine and deal with life and death decisions. The obligation of care can be found in the laws and standards that govern specific kinds of treatments and procedures.

One of the first things to be established in a negligence case is that the defendant owed a duty to care to the plaintiff. It must be established that the defendant did not fulfill this duty of care. This means that the doctor did not meet the standards of care for the situation. The standard of care is generally determined by what a reasonable person would do in similar circumstances. For instance, a reasonable driver would not stop at an intersection with a red light.

In a case of malpractice, experts are often required to testify about the standard of care and the manner in which it was breached. They can also provide a detailed explanation of the reason for the injury and what could be done to stop it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any damages that could result due to medical negligence. To be able to file a claim the plaintiff must demonstrate both financial losses (such medical expenses and lost wages) as well as noneconomic losses (such suffering and pain).

The amount you receive from a successful suit for malpractice is contingent upon how well your New York medical malpractice attorney argues for your losses. Your lawyer can establish medically required costs by looking over your medical records, using experts' testimony, and consulting economic experts. For the loss of your earnings, your medical malpractice lawyer must demonstrate the number of days you were absent from work due to medical issues and the fact that the absences were the result of the defendant's negligence.

Non-economic losses can be more difficult to prove and may require the help of a professional who will testify about your physical, emotional and mental suffering due to the negligence of the defendant. Loss of consortium is another type of non-economic injury. It is the inability to have an intimate relationship with your spouse or any other significant individual as you once did. The lawyer for the defendant will contest your non-economic damages with the help of interrogatories and depositions and requests for documents and sworn statements.

Statute of Limitations

In New York, as with every state, there are definite time limitations - referred to as statutes of limitations - within which a medical malpractice lawsuit must be filed otherwise it could be dismissed by the courts. A New York medical malpractice attorney who is experienced will be familiar with 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, the victim of medical negligence is required to file a lawsuit within two-and-ahalf years from the time the act or omission of the health professional resulted in death or injury. However as with all laws there are some exceptions to this rule. If, for example, the error committed by the health professional was part of a continuous treatment plan, then the "clock" of 30 months will not begin until the treatment has been completed or the patient has been informed of the diagnosis.

In some cases it is possible that a patient will not be aware of the issue until a long time after for instance in the event that a foreign substance is left in the body following surgery or treatment. In order to deal with this issue, a majority of states have embraced what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your attorney will be aware specific laws of your state and will review your case timeline to avoid administrative errors that could delay your claim.