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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured patients get compensation for their losses. The legal system that regulates medical malpractice cases is built on common law.

In common law, doctors are required to adhere to the highest standards of care when treating their patients. If a doctor is found to be in violation of accepted medical malpractice lawsuits practice and results in injury or death the doctor could be held accountable for negligence.

Duty of Care

Medical professionals are required to follow a set of standards that are accepted by the medical profession as being reasonable and prudent when they provide care. A patient might be able to file a lawsuit for medical malpractice if the standards aren't met and the breach causes injuries or health problems.

The first step in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they were bound to act in a reasonable way. You must then prove that the breach occurred. This is usually done using expert testimony that can provide a objective analysis and evaluation.

The expert witness can determine whether the defendant's actions were less than the accepted standard in your situation. In order for the expert to make this decision, they will need to be able to examine your medical records and conduct an examination or interview of you.

You should also be able to establish that the breach of duty directly caused the injury. This is known as causation, and it is the third element in a malpractice claim. In most cases, you will require an immediate cause-and-effect connection between the breach of duty and the subsequent injury. A misdiagnosis for instance one, could result in the wrong medication being prescribed or treatment being administered. This can cause a negative reaction such as a heart attack.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to act with the utmost care and caution. Doctors are held to an elevated standard but because they are medical experts who make life-or-death decisions. The duty of care is set in the regulations and standards that govern specific types of treatments and procedures.

One of the primary elements that must be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. It must be proven that the defendant violated this obligation of care. This means that the doctor failed to meet the standards of care applicable to the situation. The standard of care is typically determined by what a reasonable individual would do in similar circumstances. A reasonable driver, for instance would not use the traffic light.

In a malpractice case expert witnesses could be needed to testify on the standard of care that was violated and the way in which this standard was violated. They can also provide the cause of the accident and what could have prevented it from happening.

Damages

Physicians in the United States are required to carry malpractice insurance to cover the risk of losses resulting from medical negligence. To file a lawsuit, the plaintiff will need to show both financial losses (such medical expenses and lost wages) as well as non-economic losses (such 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 argues for your losses. Your lawyer can establish medically necessary costs by reviewing your medical records, utilizing expert testimony, and consulting economic experts. For the loss of your earnings your medical malpractice lawyer must prove the number of days you were off work because of your medical complications and the fact that these days off work were the result of the defendant's negligence.

Non-economic losses can be more difficult to prove and might require the assistance of a professional who can be able to testify about your physical, emotional, and mental suffering as a result of negligence committed by the defendant. Other kinds of non-economic damages include loss of consortium, which is the inability to maintain a sexually satisfying and loving relationship like you used to with your spouse or your significant other. The lawyer representing the defendant will challenge your non-economic damages through the use of depositions and interrogatories as well as requests for documents and sworn declarations.

Statute of Limitations

Like all states, New York has a statute of limitations that must be fulfilled before a medical malpractice claim can be filed. Otherwise, the court will dismiss the case. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure that your claim is filed before the deadlines that are set by law.

In the majority of cases, the victim of medical negligence must bring a suit within two and a half years from the time the act or omission of a health care provider resulted in injury or death. As with all laws this law is not without exceptions. For instance if the error by the health professional was part of an ongoing course of treatment, the 30-month statutory "clock" will not start until that course of treatment is complete or the patient becomes aware of the diagnosis.

Additionally, in some cases such as when an object that is foreign remains in the body following surgery or treatment, it may not be possible for a patient to realize that there was a problem until much later. For this reason, most states have enacted a legal concept called the discovery rule that permits injured victims to extend these deadlines in certain circumstances. Your attorney will be aware specific rules of your state and will review your case timeline to avoid any administrative errors that could delay your claim.