Why You Need a Medical Malpractice Lawyer

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

In the common law, doctors are expected to adhere to a certain standard of care when treating patients. If a physician violates accepted medical practices and results in injury or death they could be held liable for negligence.

Duty of Care

medical malpractice law firms professionals are expected to adhere to a set of standards accepted by the medical industry as being prudent and medical malpractice reasonable in providing medical care. If the standards aren't followed and the result is injury or health complications, a patient may be able to file a medical malpractice lawsuit.

The first element of a malpractice lawsuit is to prove that you had an arrangement with a doctor-patient healthcare provider at issue and that the entity or person was obligated to act in a reasonable manner. You must then prove the breach occurred. This is typically done with the use of expert testimony who can provide an objective analysis and evaluation of the situation.

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

You must also establish that the breach directly caused your injury. This is known as causation and it is the third element of a malpractice claim. In most cases you will need a direct cause and result connection between the breach of duty and the subsequent injury. A mistake in diagnosis, for instance one, could result in prescriptions for the wrong drug or treatment being administered. This can cause 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 act with diligence and care. However, doctors are held to a higher standard because they are considered experts in medicine and have to make life and death decisions. The responsibility of medical care is described in the law and standards which are applicable to specific kinds of treatments and procedures.

One of the primary elements that needs to be established in a negligence lawsuit is that the defendant was bound by 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 live up to the standard of care for Medical Malpractice the situation. The quality of care is usually determined by what a reasonable person would do in the same situation. For example an honest driver would not speed through a red light.

In a case of malpractice expert witnesses could be required to testify regarding the standard of care violated and the manner in which this standard was breached. They can also describe how the injury was caused and what could be done to prevent it from occurring.

Damages

Physicians in the United States are required to have malpractice insurance to protect their potential losses due to medical negligence. In order to file a claim, the plaintiff will need to prove both financial losses (such medical expenses and lost wages) and noneconomic losses (such suffering and pain).

The amount of compensation you receive from a successful malpractice lawsuit is contingent upon how your New York medical malpractice lawyer makes the case for your losses. Your lawyer can establish the medically necessary expenses by examining your medical records, testimony from experts, and the use of economic experts. Your medical malpractice (homesite) lawyer must prove that you lost your earnings by proving the amount of days you have missed from work due your medical problems, and proving that these missed days were due to the negligence of the defendant.

The non-economic loss can be more difficult to prove and may require the help of a professional who can give evidence about your physical, emotional, and mental pain as a result of negligent actions of the defendant. Loss of consortium is another type of non-economic damage. It is the inability to enjoy an intimate relationship with your spouse, or any other significant person in the same way you once did. The lawyer for the defendant will contest your non-economic damages through the use of interrogatories, depositions, and also requests for documents or sworn statements.

Statute of limitations

As in every state, New York has a statute of limitations that must be met before a medical malpractice lawsuit can be filed. If not the court will decide to 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 filed within the deadlines set forth by law.

In most instances, the victim of medical malpractice has to file his or her lawsuit within two and a half years of the date that the act or omission of a medical professional caused the injury or death. As with all laws, this rule is not without exceptions. For instance if the error by the health professional was part of an ongoing course of treatment, the 30-month legal "clock" will not begin until the course of treatment is completed or when the patient is informed of the diagnosis.

Additionally, in certain situations like when a foreign object is found in the body following surgery or treatment, it might not be possible for a patient or patient's family to determine that there was a problem until much later. This is why many states have enacted an idea of law known as the discovery rule, which allows injured victims to extend these deadlines in certain situations. Your attorney will be well-versed in the laws of your state and will examine your case's timeline carefully to avoid administrative mistakes that could impede your claim.