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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In common law, doctors must observe the highest standards of care when treating their patients. If a doctor violates accepted medical procedures and results in injury or death, the doctor could be held liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as being reasonable and prudent in providing healthcare. Patients may be able to file a lawsuit for medical malpractice if these standards aren't adhered to and the failure results in injuries or health issues.

The first step in a malpractice case is to prove that you were a client of the healthcare provider and that they owed you a duty to act reasonably. You then need to prove that the breach occurred. This is usually done through the recourse to expert witnesses who can provide an objective analysis and evaluation of the case.

This expert witness can help determine whether the defendant's actions were below the standard of care in your particular case. The expert will need to examine your medical records and interview or cross-check you in order 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 most cases you will need a direct 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 could cause an adverse reaction such as heart attacks.

Breach of Duty

Doctors, just like other people, are required by law to fulfill a obligation to exercise reasonable care and prudence. However doctors are held to an even more stringent standard because they are considered medical experts and have to make life and death decisions. The obligation of care is outlined in the regulations and laws for specific types of treatment and procedures.

In a case of negligence it is crucial to prove that the defendant had the obligation of taking care of the plaintiff. Then, it must be proven that the defendant breached that duty of care. This means that the doctor failed to meet the standard of care in the specific situation. The quality of care is usually determined by what a reasonable person would do in similar circumstances. For instance the reasonable driver would not speed through a red light.

In a malpractice case expert witnesses are often needed to testify on the standard of care and the manner in which it was breached. They can also explain how the injury was caused and what could have been done to prevent it from occurring.

Damages

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

The amount you receive from a successful malpractice lawsuit depends on how well your New York medical malpractice law firm malpractice attorney will argue for your losses. Your attorney will be able to prove your medically necessary expenses through a review your medical records, testimony from experts, and the use of economic experts. Your medical malpractice attorney must prove that you lost your earnings by proving the amount of days you have missed from work because of medical complications, and that these missed days were a result of the defendant's negligence.

Non-economic losses are more difficult to prove and may require the assistance of a professional who can provide evidence of your physical, emotional and mental distress because of the negligence of the defendant. Other forms of non-economic damages include loss of consortium, which is the inability to maintain a loving and sexual relationship as you once could with your spouse or your significant other. The lawyer representing the defendant may challenge your non-economic damages in the form of interrogatories and depositions along with requests for documents and sworn testimony.

Statute of Limitations

In New York, as with every state, there are certain deadlines - commonly referred to as statutes or limitations within which a medical negligence lawsuit must be filed, or otherwise it will be dismissed by the courts. A seasoned New York medical malpractice lawyer is aware of these specifics and will ensure that your claim is filed within the deadlines set by law.

In the majority of cases, a victim of medical negligence is required to be able to file a lawsuit within two and a half years of the date that the act or omission by an health professional caused the death or injury. Like all laws, this one is not without exceptions. For instance, if the error committed by the health professional was part of a continuing course of treatment, the "clock" of 30 months will not start until the course of treatment is completed or the patient is informed of the diagnosis.

In some instances such as when an object that is foreign remains within the body following surgery or treatment, it may not be possible for a patient's to recognize that there was a problem until much later. 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 circumstances to extend their timeframes. Your attorney will be aware of specific laws of your state and carefully look over your case's timeline in order to avoid administrative errors that could impede your claim.