Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer can help injured victims receive compensation for their losses. The common law system regulates medical malpractice claims.

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

Duty of Care

Medical professionals must adhere to set of standards that are recognized by the medical profession as being reasonable and prudent in providing care. If these standards aren't followed and the result is injuries or health issues the patient may be able to bring a medical malpractice lawsuit.

The first element in a case of malpractice is to prove that you were a patient of the healthcare provider and that they owed you a duty to act in a reasonable manner. Then, you must show that the breach of this obligation occurred. This is typically done with the use of experts who can provide an objective analysis and assessment of the case.

This expert witness will be able determine if the defendant's actions fall below the standard of care that is accepted in the particular case. To enable the expert to make this determination they must be able to review your medical records and conduct an examination or interview with you.

You must also demonstrate that the breach directly caused your injury. Causation is a third element in a claim for malpractice. In most cases, you will need to have a direct cause-and-effect relationship between the breach of duty and the resulting injury. A misdiagnosis, for example can result in prescriptions for the wrong drug or treatment being given. This in turn can cause an adverse reaction such as heart attacks.

Breach of Duty

Like everyone else who are legally obligated to act, doctors also have an obligation to exercise diligence and care. However doctors are held to an even higher standard because they are medical experts and have to make life and death decisions. The obligation of care is outlined in the regulations and laws for specific types of treatments and procedures.

In a case of negligence, it is essential to establish that the defendant had an obligation to take care of the plaintiff. It must be proven that the defendant breached this duty of care. This means that the doctor failed to meet the standard of care in this particular situation. The standard of care is typically determined by what a reasonable individual would do in the situation. A reasonable driver, for instance will not go through at a traffic light.

In a malpractice case, expert witnesses are typically required to testify on the standard of care and how it was violated. They can also explain how the injury was caused and what could have been done to avoid it from happening.

Damages

In the United States, physicians are required to carry malpractice insurance in order to cover any loss that may result due to medical negligence. In order to file a claim, the plaintiff must show both financial losses (such medical expenses and lost wages) in addition to non-economic losses (such suffering and pain).

The amount of compensation you receive from a successful suit for malpractice is contingent on how effectively your New York medical malpractice attorney will argue for your losses. Your attorney can establish medically necessary expenses by examining your medical records, utilizing expert testimony, and consulting economic experts. Your medical malpractice attorney must prove your lost earnings by proving the number of days you were away from work because of medical problems, and proving the fact that these days were a result of the defendant’s negligence.

The non-economic loss 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 the negligence committed by the defendant. Loss of consortium is another type of non-economic harm. This is the inability to enjoy an intimate, sexual relationship with your spouse or other significant person in the same way you used to. The lawyer for the defendant will contest your non-economic damages with the help of depositions and interrogatories and also requests for documents and sworn statements.

Statute of limitations

As in every state, New York has a statute of limitations that must be fulfilled before a medical malpractice lawsuit can be filed. If not, the court will dismiss it. A New York medical malpractice attorney who is experienced will be well-versed in the specifics of these deadlines and will ensure that your claim is filed within the deadlines set forth by law.

In most cases, victims of medical malpractice has to file his or her lawsuit within two and a half years from the date at which the act or omission of a health care provider caused the injury or death. Like all laws, this law is not without exceptions. For instance in the event that the health care provider's error was part of an ongoing course of treatment, the 30-month legal "clock" will not begin until that course of treatment is completed or the patient becomes aware of the diagnosis.

Additionally, in certain situations like when a foreign object is left in the body after surgery or treatment, it might not be possible for a patient to discover the issue until much later. In order to address this issue, the majority of states have embraced what is known as the discovery rule. This allows injured victims in certain situations to extend their timeframes. Your attorney will be familiar with the rules of your state and will examine your case timeline carefully to avoid mistakes in the administration that could impede your claim.