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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps victims get compensation for their losses. The common law system regulates medical malpractice claims.

In the common law, doctors must adhere to the highest standards of care when treating their patients. If a doctor is not following the accepted medical standard and results in an injury or death 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 in providing medical treatment. If those standards are not met and that failure causes harm or health issues patients may be able to sue for medical malpractice lawsuit.

The initial step of a malpractice claim is to establish that you had an arrangement with a doctor-patient healthcare provider in question and that the entity or person was bound to act with reasonable care. You must then prove that the breach occurred. This is typically done expert testimony that can provide an objective analysis and evaluation.

The expert witness will help determine whether or not the defendant's actions fell below the standard of care that is accepted in your particular case. To enable the expert to determine this they must be able to examine your medical records and conduct an examination or interview with you.

You must be able to show that the breach directly caused your injury. This is known as causation and it is the third element of a negligence claim. In most cases you will require a direct cause-and- effect relationship between the breach of duty and the subsequent injury. For example, a misdiagnosis could result in the wrong medication or treatment being administered and that can result in an adverse reaction like a heart attack.

Breach of Duty

Like all doctors who are legally obligated to act, doctors also have an obligation to exercise care and prudence. However, doctors are held to an even higher standard due to the fact that they are considered medical experts and are able to make life and death decisions. The duty of care is outlined in laws and standards governing specific types of treatments and procedures.

One of the most important elements that must be established in a negligence lawsuit is that the defendant owed a duty of care to the plaintiff. Then, it needs to be established that the defendant did not fulfill that duty of care. This means that the doctor failed to meet the standard of care in the given circumstance. The standard of care is usually determined by what an ordinary person would do in the same circumstances. A reasonable driver, for example will not go through an intersection at a stoplight.

In a malpractice lawsuit experts may be needed to testify on the standard of care that was breached and the manner in which this standard was violated. They can also explain how the injury occurred and what could be done to prevent it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect the potential losses that could result from medical negligence. To submit an action for damages the plaintiff must demonstrate both actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering).

The amount of compensation you receive from a successful malpractice suit is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your attorney can establish medically necessary costs by reviewing your medical records, using expert testimony, and collaborating with economic experts. For your loss of earnings the medical malpractice lawyer should also prove the number of days you were absent from work because of your medical issues and the fact that these days off work resulted from the negligence of the defendant.

Non-economic losses can be more difficult to prove, and may require the help of a professional who can testify about your physical, emotional, and mental distress due to the infractions committed by the defendant. Other types of non-economic losses include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship as you once could with your spouse or your significant other. The lawyer representing the defendant may challenge your noneconomic damages by way of depositions and interrogatories and requests for documents and sworn declarations.

Statute of limitations

In New York, as with every state, there's a set of deadlines - commonly referred to as statutes of limitation within which a medical malpractice attorneys malpractice lawsuit must be filed or else it will be dismissed by the courts. A New York medical malpractice attorney who is knowledgeable will be familiar with the specifics of these deadlines, and will ensure that your claim is filed before the deadlines stipulated by law.

In the majority of cases, a victim of medical negligence must make a claim within two-and-a-half years from the date the act or omission made by medical professionals caused the death or injury. Like all laws, this rule is not without exceptions. For instance, if the error by the health professional was part of a continuous course of treatment, the 30 month legally required "clock" will not begin until the treatment is completed or the patient is informed of the diagnosis.

Additionally, in some cases, such as when a foreign object is left inside the body after surgery or treatment, it might not be possible for a patient to discover the issue until much later. In order to address this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain circumstances to extend their deadlines. Your attorney will be aware of specific laws of your state and carefully examine your case's timeline to avoid administrative errors which could cause delays to your claim.