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Why You Need a Medical Malpractice Lawyer

A medical malpractice attorney can help injured victims receive compensation for their losses. The common law system governs medical malpractice lawsuits.

In common law, doctors are expected to follow a certain standard of care when treating patients. If a physician does not follow the accepted medical practices and causes an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as being sensible and prudent in providing care. If the standards aren't followed and if they cause harm or health issues the patient may have grounds to file a medical malpractice lawsuit.

The first step in a malpractice case is to establish that you were a patient of the healthcare provider and that they owed you a duty to act in a reasonable manner. You must then prove the breach occurred. This is usually done through the use of experts who can provide an objective analysis and evaluation of the case.

An expert witness can determine whether the defendant's actions are below the standard of care in your situation. To allow the expert to make this determination they must be able to review your medical records and conduct an examination or interview of you.

You must also establish that the breach directly led to your injury. Causation is the third element in a malpractice lawsuit. In the majority of cases, you'll require a direct cause & result connection between the breach of duties and the resulting injury. A misdiagnosis, for example may result in the wrong medication being prescribed or treatment being administered. This could cause an adverse reaction such as heart attacks.

Breach of Duty

As with all individuals, have a legal obligation to conduct themselves with reasonable care and caution. Doctors are held to higher standards however, since they are medical experts who make life-or-death decisions. The duty of care is outlined in the regulations and standards that apply to certain kinds of treatments and procedures.

In a negligence case it is important to establish that the defendant had the obligation of taking care of the plaintiff. It must be established that the defendant did not fulfill that duty of care. This means that the doctor did not meet the standards of care in this particular circumstance. The standard of care is typically defined by what an average person would do under the same situation. For example, a reasonable driver would not speed through the red light.

In a malpractice case expert witnesses could be required to provide evidence on the standard of care that was not met and how the standard was breached. They can also discuss the reason for the injury and suggest ways to have prevented it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to cover any damages that could result from medical negligence. To bring 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 attorneys malpractice attorney argues for your losses. Your attorney can determine your medically required expenses through a review of your medical records, evidence from experts and the use of economic experts. Your medical malpractice attorney must prove the loss of your earnings by proving the amount of days that you missed from work due your medical complications, and that these days resulted from the defendant's negligence.

Non-economic losses can be more difficult to prove and could require the help of a professional who can give evidence about your physical, emotional and mental distress as a result of negligence of the defendant. Loss of consortium is another type of non-economic injury. This is the inability to have a romantic, sexual connection with your spouse or another significant person as you once did. The lawyer representing the defendant will challenge your non-economic damages with the help of depositions and interrogatories and also requests for documents or sworn statements.

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 will decide to dismiss it. A New York medical malpractice attorney who is experienced will be familiar with the specifics of these deadlines. They will also ensure that your claim is filed within the deadlines set forth by law.

In most cases, victims of medical malpractice has to file his or her lawsuit within two and a half years from the date at which the act or omission of a medical professional caused the injury or death. As with all laws this law is not without exceptions. For instance, if the error made by the health care provider was part of a continuous course of treatment, then the "clock" of 30 months will not start until the treatment is completed or the patient has been informed of the diagnosis.

In some instances, a patient may not be aware of the issue until a considerable time later, for example when a foreign object remains in the body following surgery or treatment. To address this issue, the majority of states have implemented the discovery rule. This allows injured victims in certain circumstances to extend their deadlines. Your attorney will be familiar with the laws of your state and will scrutinize your case timeline carefully to avoid administrative errors that could impede your claim.