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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer assists injured patients receive compensation for their losses. The common law system governs medical malpractice lawyers malpractice claims.

According to common law, doctors are expected to adhere to a specific standard of care when treating patients. If a doctor violates accepted medical practices and causes injury or death, then he may be held responsible for negligence.

Duty of Care

Medical professionals must adhere to a set of standards that are recognized by the medical profession as reasonable and prudent when providing care. If those standards are not followed and if they cause injuries or health problems, a patient may be able to sue for medical malpractice lawsuit.

The first element in a malpractice lawsuit is to prove that you were a patient of the healthcare provider and that they owed you an obligation to act in a reasonable manner. The next step is to prove that a breach of that obligation occurred. This is usually done using expert testimony that can provide a objective analysis and evaluation.

This expert witness can help determine whether the defendant's actions fell below the accepted standard in your specific case. In order for the expert to make this determination they must be able to look over your medical records and conduct an examination or interview with you.

You must also be able to establish that the breach of duty caused you to suffer injuries. Causation is the third element in a claim for malpractice. In the majority of cases, you will require a direct cause and effect connection between the breach of duties and the subsequent injury. A misdiagnosis, for instance, could lead to prescribing the wrong medicine or treatment being administered. This could cause an adverse reaction, such as heart attacks.

Breach of Duty

As with all other professionals medical professionals, doctors are under a legal obligation to exercise the utmost care and caution. However, doctors are held to an even higher standard because they are medical experts and are able to make life and death decisions. The responsibility of medical care is described in the rules and regulations which are applicable to specific types of procedures and treatments.

In a case of negligence 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 obligation of care. This means that the doctor did not perform to the required standard of care in the particular situation. The quality of care is usually determined by what a reasonable individual would do under the circumstances. A reasonable driver, for example will not go through the traffic light.

In a case of malpractice experts could be required to testify about the standard of care violated and the way in which this standard was violated. They can also explain how the injury was caused and what could be done to stop it from happening.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses arising from medical negligence. In order to bring an action 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 money you will receive from a successful malpractice lawsuit depends on how your New York medical malpractice lawyer makes the case for your losses. Your attorney can establish your medically necessary expenses through a thorough review of your medical records, testimony from experts and the use of economic experts. For your loss of earnings your medical malpractice lawyer should also demonstrate the number of days you were absent from work because of your medical complications and the fact that the absences were the result of the defendant's negligence.

Non-economic damages are more difficult to prove. You may require the assistance of a professional witness who can detail your physical, mental and emotional distress as directly resulting from the defendant's negligence. Other kinds of non-economic damages include loss of consortium, which is an inability to maintain a romantic and sexual relationship as you did with your spouse or medical malpractice attorney significant other. The defendant's attorney will challenge your non-economic losses through a process of interrogatories and depositions as well as demands for documents and declarations under the oath.

Statute of Limitations

In New York, as with every state, there are specific time limitations - referred to as statutes of limitations - within which a medical negligence lawsuit must be filed or else it will be dismissed by the courts. A New York medical malpractice attorney who is skilled will be familiar with the specifics of these deadlines and ensure that your claim is filed before the deadlines set forth by law.

In most instances, the victim of medical malpractice has to make a claim within two and a half years from the date when the act or omission of a medical professional resulted in the death or injury. As with all laws this rule has its exceptions. If, for example, the error of the health care provider was part of a continuing course of treatment, then the "clock" of 30 months will not begin until the treatment has been completed or the patient is informed of the diagnosis.

In certain instances, a patient may not discover the problem until quite a while later for instance in the event that a foreign substance remains within the body after surgery or treatment. Because of this, many states have enacted an idea of law known as the discovery rule that permits injured victims to extend these deadlines in certain instances. Your attorney will know the specific rules of your state and will look over your case's timeline in order to ensure that there are no administrative mistakes that could impede your claim.