Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients get compensation for their losses. The legal system that governs medical malpractice cases is based on common law.

In common law, doctors must adhere to the standard of care when treating their patients. If a doctor is not following the accepted medical norms and results in injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as being reasonable and prudent in their healthcare. A patient may be in a position to file a lawsuit against a medical professional if those standards aren't followed and the failure results in injuries or health complications.

The first step in a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider at issue and that the person or entity owed you a duty to act reasonably. The next step is to prove that the breach occurred. This is usually done through the use of expert testimony that can provide an objective analysis and medical malpractice attorney assessment of the case.

An expert witness can determine if the defendant's actions were less than the accepted standard in your situation. The expert will need to look over your medical records and interview or medical malpractice attorney examine you in order to determine this.

It is also necessary to establish that the breach of duty directly led you to suffer injuries. This is known as causation, and it is the third component of a malpractice claim. In the majority of instances, you'll need to have a direct cause-and-effect relationship between the breach of duty and the subsequent injury. For instance, a misdiagnosis could lead to the wrong medication or treatment being prescribed and can result in an adverse reaction like heart attacks.

Breach of Duty

Physicians, like all other people, are legally bound by a obligation to exercise reasonable care and prudence. However doctors are held to a higher standard due to the fact that they are considered experts in medicine who make life and death decisions. The duty of care is outlined in the laws and standards that govern specific types of procedures and treatments.

In a negligence case it is crucial to prove that the defendant was bound by a duty to care for the plaintiff. It must be proved that the defendant breached this duty of care. This means that the doctor failed to meet the standards of care in this particular circumstance. The quality of care is usually determined by what a normal person would do in similar situations. For example the reasonable driver wouldn't run when there is a red light.

In a malpractice case, experts are often required to testify on the standard of care and the manner in which it was breached. They can also provide the reason for the injury and explain how they could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover their potential losses arising from medical negligence. To make a claim for damages the plaintiff must prove both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

The amount of compensation you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney argues for your losses. Your lawyer can establish medically necessary expenses by examining your medical records, using expert testimony and consulting economic experts. Your medical malpractice attorney must prove the loss of earnings by proving the number of days that you missed from work due to medical conditions, and also the fact that these days were a result of the defendant's negligence.

Non-economic damages can be harder to prove. You may require the assistance of a professional witness who can detail your physical, mental and emotional pain as an direct result of defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a sexually satisfying and loving relationship in the same way you used to with your spouse or significant other. The lawyer representing the defendant will challenge your non-economic damages with the help of interrogatories and depositions along with requests for documents or sworn statements.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice claim can be filed. If not the court could dismiss it. A New York medical malpractice attorney who is skilled will be familiar with the nuances of these deadlines and will ensure that your claim is filed prior to the deadlines set by law.

In most cases, a victim of medical malpractice must make a claim within two and a half years from the date on which the negligence or act of a doctor or other health professional caused the injury or death. As with all laws this one is not without exceptions. For instance if the error by the health professional was part of a continuous course of treatment, the 30 month legal "clock" will not start until the course of treatment is completed or until the patient becomes aware of the diagnosis.

Additionally, in some cases like when the foreign object remains within the body following surgery or treatment, it might not be possible for a patient's to recognize that there was a problem until much later. In order to address this issue, the majority of states have adopted what is known as the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will be aware specific laws of your state and carefully review your case timeline to ensure that there are no administrative mistakes that could delay your claim.