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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney helps injured victims receive compensation for their losses. The common law system regulates medical malpractice claims.

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

Duty of Care

Medical professionals are required to adhere to a set of standards that are accepted by the medical profession as being prudent and reasonable when they provide care. When those standards are not followed and if they cause injury or health complications the patient may be able 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 had a duty to act in a reasonable manner. The next step is to prove the breach of the obligation occurred. This is typically done with the recourse to expert witnesses who can provide an objective analysis and evaluation of the situation.

The expert witness will be able to determine if the defendant's actions fall below the accepted standard of care in your particular case. In order for the expert to arrive at this conclusion they must be able to look over your medical records and conduct an examination or interview of you.

You must also prove that the breach directly led to your injury. Causation is the third element in a malpractice claim. In the majority of cases, you will need to have an exact cause-and-effect link between the breach of duty and the subsequent injury. For instance, a misdiagnosis could result in the wrong treatment or medication being prescribed and in turn causes an adverse reaction, like heart attacks.

Breach of Duty

Like all people, are required by law to fulfill a obligation to exercise reasonable care and caution. However doctors are held to a higher standard since they are considered experts in medicine and are able to make life and death decisions. The duty of care can be found in laws and standards governing certain types of treatments and procedures.

In a case of negligence it is crucial to prove that the defendant was bound by the obligation of taking care of the plaintiff. It must be proven that the defendant did not fulfill this duty of care. This means that the doctor failed to live up to the standard of care for the situation. The standard of care is typically defined by what an average person would do under the same circumstances. A reasonable driver, for instance, would not run at a traffic light.

In a malpractice case, expert witnesses may be required to provide evidence on the standard of care violated and how the standard was violated. They can also provide a detailed explanation of how the injury was caused and what could be done to stop it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance to cover any losses that may arise due to medical negligence. To be able to file a claim the plaintiff will need to show both financial losses (such medical expenses and lost wages) in addition to noneconomic losses (such pain and suffering).

The amount you are awarded from a successful malpractice suit is contingent upon how your New York medical malpractice lawyer defends your losses. Your attorney can establish medically necessary costs by reviewing your medical records, utilizing experts' testimony, and consulting economic experts. In order to prove your loss of earnings your medical malpractice lawyer should also prove the number of days you missed work because of your medical complications and the fact that these missed work days were due to the defendant's negligence.

The non-economic loss can be more difficult to prove and may require the help of a professional who can testify about your physical, emotional and mental pain due to the negligent actions of the defendant. Loss in consortium is another kind of non-economic loss. This is the inability to enjoy a loving, sexual relationship with your spouse, or any other significant person like you once did. The lawyer for the defendant will attempt to challenge your non-economic damages through interrogatories, depositions and requests for documents and statements under swearing.

Statute of limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise the court could dismiss the case. A New York medical malpractice attorney who is experienced is well-versed in the specifics of these deadlines, and will ensure that your claim is filed before the deadlines set forth by law.

In the majority of cases, a victim of medical negligence has to be able to file a lawsuit within two and a half years from the date the act or omission by medical professionals caused the injury or death. Like all laws, this rule has its exceptions. For instance when the error of the health care provider was part of a continuous course of treatment, the 30-month legally required "clock" will not begin until the treatment is completed or when the patient learns of the diagnosis.

In certain instances, a patient may not be aware of the issue until a long time after for instance in the event that a foreign substance remains in the body following surgery or treatment. This is why many states have adopted a legal concept called the discovery rule, which allows injured victims to extend these deadlines in certain situations. Your lawyer will be aware of the specific rules in your state, and will carefully examine your case's timeline to ensure that there are no administrative mistakes which could cause delays to your claim.