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Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer aids injured victims get compensation for their losses. The common law system regulates medical malpractice lawsuits.

In common law, doctors must observe an ethical standard when treating their patients. If a doctor is not following the accepted medical practices and results in an injury or death or even death, he could be held responsible for negligence.

Duty of Care

Medical professionals are required to adhere to a set standards accepted by the medical industry as being reasonable and prudent when providing treatment. When those standards are not adhered to and the failure results in injury or health complications, a patient may be able to bring a medical malpractice lawsuit.

The first step in a case of malpractice is to establish that you were a client of the healthcare provider and that they owed you an obligation to act in a fair manner. Then, you need to prove that the breach of this duty occurred. This is typically done with the use of experts who can provide an objective analysis and evaluation of the situation.

The expert witness will help determine whether the defendant's actions are below the standard of care in your situation. The expert will need to review your medical records, and interview or cross-check you to make this decision.

You should also be able to prove that the breach of duty directly led the injury. Causation is the third element in a malpractice lawsuit. In most cases, you'll require a direct cause-and- effect connection between the breach of duty and the subsequent injury. A mistake in diagnosis, 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 physicians, doctors are legally bound by an obligation to exercise care and prudence. However doctors are held to an even higher standard since they are considered experts in medicine and deal with life and death decisions. The responsibility of medical care is described in the laws and standards that govern specific kinds of treatments and procedures.

One of the most important elements that needs to be established in a negligence claim is that the defendant was bound by a duty of care to the plaintiff. It must be proved that the defendant breached this duty of care. This means that the doctor did not live up to the standard of care in the particular situation. The standard of care is typically determined by what an ordinary person would do under similar situations. For example, a prudent driver would not run the red light.

In a malpractice case, expert witnesses may be needed to testify on the standard of care that was breached and the way in which this standard was violated. They can also explain the cause of the injury and explain how they could have prevented it.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any potential loss that may result due to medical negligence. In order to file a claim, the plaintiff must demonstrate both financial losses (such medical malpractice law expenses and lost wages), as well as noneconomic losses (such pain and suffering).

The amount you are awarded from a successful malpractice lawsuit is contingent upon the way in which your New York medical malpractice lawyer presents the case for your losses. Your lawyer can determine your medically required expenses through a review your medical records, testimony from experts, and the use of economic experts. Your medical malpractice lawyer must prove that you lost your earnings by proving the amount of days you have missed from work because of medical conditions, medical malpractice lawsuit and also that these days resulted from the defendant’s negligence.

The non-economic damages may be more difficult to prove. You may need assistance from a professional witness who can describe your physical, mental and emotional pain as direct result of the defendant's negligence. Loss in consortium is another type of non-economic damage. It is the inability to maintain a loving, sexual relationship with your spouse, or any other significant individual as you once did. The attorney representing the defendant will challenge your non-economic losses through a process of interrogatories, depositions, and requests for statements and documents under the oath.

Statute of Limitations

In New York, as with every state, there are definite time frames - also known as statutes of limitation within which a medical negligence lawsuit must be filed or otherwise it will be rejected by the courts. A seasoned New York medical malpractice lawyer is familiar with these nuances and will ensure your claim is filed before the deadlines set by law.

In the majority of cases, victims of medical malpractice has to file his or her lawsuit within two and a half years from the date on which the act or omission of a health care provider resulted in the death or injury. As with all laws this one is not without exceptions. For instance if the health care provider's error was part of an ongoing course of treatment, the 30 month legally required "clock" will not begin until that course of treatment is completed or until the patient learns of the diagnosis.

In certain instances the patient may not realize the problem until a considerable time later, for example in the event that a foreign substance is left within the body after surgery or treatment. Because of this, many states have enacted the legal concept known as the discovery rule which permits injured victims to extend deadlines under certain circumstances. Your attorney will be familiar with the laws of your state and will examine your case's timeline carefully to avoid administrative mistakes that could cause delays to your claim.