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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 legal system that regulates medical malpractice cases is founded on common law.

In common law, doctors are expected to adhere to a certain standard of care when treating patients. If a doctor is not following the accepted medical malpractice attorneys standard and results in an injury or death it could be liable for negligence.

Duty of Care

Medical professionals must adhere to a set of standards which are recognized by the medical profession as reasonable and prudent in providing care. A patient might be in a position to file a lawsuit for medical malpractice if these standards aren't followed and the result is injuries or health issues.

The first part of a malpractice claim is to establish that you had a doctor-patient relationship with the healthcare provider at issue and that the person or entity had a legal obligation to act in a reasonable way. You must then prove the breach occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the case.

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

You also need to establish that the breach of duty caused you to experience injuries. Causation is the third factor in a claim for malpractice. In most cases, you will need to have an exact cause-and-effect link between the breach of duty and the subsequent injury. For instance, a wrong diagnosis could result in the wrong treatment or medication being prescribed and results in an adverse reaction, such as a heart attack.

Breach of Duty

Just like everyone else who are legally obligated to act, doctors also have an obligation to exercise care and caution. However doctors are held to a higher standard because they are considered medical experts and are able to make life and death decisions. The responsibility of medical care is described in the rules and regulations that are situated for specific types of treatments and procedures.

In a case of negligence, it is crucial to prove that the defendant owed an obligation to take care of the plaintiff. Then, it needs to 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 the specific situation. The quality of care is usually determined by what an ordinary person would do under the same situation. For example, a reasonable driver would not speed through when there is a red light.

In a malpractice lawsuit experts may be needed to testify on the standard of care that was violated and how this standard was breached. They can also discuss the reason for the injury and suggest ways to have prevented it.

Damages

Physicians in the United States are required to have malpractice insurance to protect the risk of losses resulting from medical negligence. In order to file a claim for damages the plaintiff must show actual financial losses (such as medical expenses and lost wages) and non-economic losses (such as suffering and pain).

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 lawyer will establish the medically necessary expenses through a thorough review of your medical records, evidence from experts and the assistance of economic experts. Your medical malpractice compensation malpractice attorney must prove your lost earnings by proving the amount of days you have missed from work because of medical problems, and proving the reason for these absences were due to the defendant's negligence.

Non-economic damages are more difficult to prove. You may need the assistance of a professional witness who can provide details of your mental, physical, and emotional distress as direct result of the defendant's negligence. Loss of consortium is a different type of non-economic injury. This is the inability to enjoy a loving, sexual relationship with your spouse or other significant person in the same way you used to. The defendant's attorney will challenge the non-economic damages you suffer through a process of interrogatories, depositions and demands for documents and declarations under swearing.

Statute of Limitations

Like every state, New York has a statute of limitations that must be met before a medical malpractice case can be filed. Otherwise the court could dismiss the case. A New York medical malpractice attorney who is knowledgeable is well-versed in the nuances of these deadlines and will ensure that your claim is submitted before the deadlines set by law.

In most cases, the victim of medical negligence must be able to file a lawsuit within two and a half years from the time the act or omission of medical professionals resulted in the injury or death. However as with all laws there are some exceptions to this rule. For instance when the error of the health care provider was part of a continuous course of treatment, the 30 month statutory "clock" will not start until the course of treatment is completed or the patient learns about the diagnosis.

In some instances it is possible that a patient will not discover the problem until a long time after for instance when a foreign object remains in the body following surgery or treatment. To tackle this issue, the majority of states have implemented what is known as the discovery rule. This permits injured victims in certain situations to extend their deadlines. Your lawyer is familiar with the rules of your state and medical malpractice case will examine your case timeline carefully to avoid administrative errors that can derail your claims.