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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured patients receive compensation for their losses. The legal system that governs medical malpractice cases is founded on common law.

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

Duty of Care

Medical professionals are expected to adhere to a set of standards that are accepted by the medical profession as being prudent and reasonable in providing medical treatment. If these standards aren't met and that failure causes injury or health complications, a patient may have grounds to file a medical malpractice lawsuit.

The first thing to do in a case of malpractice is to prove that you were a client of the healthcare provider and that they owed you a duty to act in a reasonable manner. You must then prove that the breach occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the situation.

This expert witness will be able to help determine whether or not the defendant's actions fall below the standard of care that is accepted in your particular situation. The expert will need to look over your medical records and interview or cross-check you in order to arrive at this conclusion.

You must be able to prove that the breach directly caused your injury. Causation is a third element in a malpractice claim. In most cases you will require a direct cause & result relationship between the breach of duties and the resulting injury. A mistake in diagnosis, for instance may result in prescribing the wrong medicine or treatment being administered. This could result in an adverse reaction such as a heart attack.

Breach of Duty

Doctors, just like other people, have a legal obligation to exercise reasonable care and caution. However, doctors are held to a more stringent standard because they are considered medical experts and have to make life and death decisions. The obligation of care is defined in the rules and regulations that are situated for specific types of procedures and treatments.

In a negligence case, it is vital to prove that the defendant was bound by the duty of care for the plaintiff. It must be proven that the defendant breached this duty of care. This means that the doctor medical Malpractice attorney failed to meet the standard of care in the particular circumstance. The quality of care is usually determined by what a reasonable individual would do in the same situation. A reasonable driver, for instance would not use an intersection at a stoplight.

In a malpractice case experts are usually needed to testify about the standards of care and the way in which it was violated. They can also provide a detailed explanation of the cause of the injury and what could be done to stop it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. To file a claim, the plaintiff must prove both financial losses (such medical expenses and lost wages) and noneconomic losses (such pain and suffering).

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 attorney will be able to establish the medically necessary expenses by examining your medical records, testimony from experts as well as the assistance of economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the amount of days that you missed from work due to medical malpractice law firm conditions, and also that these days were a result of the negligence of the defendant.

Non-economic losses are more difficult to prove, and may require the help of a professional who will testify about your physical, emotional and mental distress as a result of the negligence committed by the defendant. Loss of consortium is a different type of non-economic harm. This is the inability of having a loving, sexual relationship with your spouse or other significant person as you once did. The lawyer representing the defendant will challenge your non-economic damages with the help of interrogatories and depositions and requests for documents or sworn statements.

Statute of limitations

Like all states, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. Otherwise the court could dismiss it. A New York medical malpractice attorney who has experience will be well-versed in the nuances of these deadlines. They will also ensure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, a victim of medical malpractice must file his or her lawsuit within two and a half years of the date when the negligence or act of a health care provider caused the injury or death. As with all laws, this rule is not without exceptions. If, for instance the error made by the health care provider was part of a ongoing course of treatment, the "clock" of 30 months will not start until the course of treatment has been completed or the patient is informed of the diagnosis.

In some instances patients may not recognize the problem until a long time after for instance, if a foreign body is left within the body after surgery or treatment. For this reason, most states have adopted an idea of law known as the discovery rule which permits injured victims to extend deadlines under certain circumstances. Your lawyer is well-versed in the laws of your state and will go over the timeline of your case with care to avoid any administrative errors that could cause delays to your claim.